THE REPUBLIC OF UGANDA

IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA

CONSTITUTIONAL PETITION NO.………OF 2024

ERIYA KIIZA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PETITIONERS

-VERSUS-

ATTORNEY GENERAL::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT

PETITION

[Under Articles 28(1), 126(2), 129(2) and (3), 137(1), (2), (3) (a) and (b); article 3 of the
Constitution of the Republic of Uganda 1995, The Constitutional Court (Petitions and References)
Rules SI. No. 91 of 2005 and all enabling laws]

THE HUMBLE PETITION of the ERIYA KIIZA of C/o M/s A b a b i m a l a & C o m p a n y

Advocates P.O Box 26003, Kampala, whose names are stated at the foot of this petition showeth as
follows:-

1. THAT your petitioner is an adult male Ugandan of sound mind and is affected and
aggrieved by some provisions of the UPDF Act being inconsistent with and in
contravention of the 1995 Constitution of the Republic of Uganda.

2. THAT the Respondent is the Attorney General of Uganda and legal advisor to the
government and is sued in that capacity by virtue of Article 119 (3) of the Constitution of
the Republic of Uganda and service of this Petition shall be effected by the Petitioners’
Advocates.

3. THAT the petitioner is a citizen of Uganda with a constitutional and civic duty to defend
and uphold the Constitution and all other laws of the Republic of Uganda and bring this
petition as such.

4. Your Petitioner a civilian is being before the General Court Martial charged with
kidnapping contrary to Sections 239 and 242 of the Penal Code Act which is unfair,
irregular, improper and unconstitutional hence inconsistent with and/or in contravention
of Article 28(1), 42 and 44(c) of the the 1995 Constitution of the Republic of Uganda.

5. Your Petitioners contend and state as follows:-

a) That on the 06th of December, 2023, he was arrested from Kisaasi by armed men donning
plain clothes security operatives.
b) That he was later rushed and detained at the Chieftaincy of Military Intelligence (CMI),
Mbuya in Nakawa Division.
 c) That upon spending two weeks in detention, on the 18 th of December, 2023 he was
arraigned before the General Court Martial Makindye where he was charged with
kidnapping contrary to Sections 239 and 242 of the Penal Code Act, Cap. 120 as
amended.
d) That he is a civilian and not a member of the Armed Forces to be arraigned and charged
before the General Court Martial as a person subject to military law.
e) That he declined to take plea before the General Court Martial challenging its
constitutionality.
f) That his previous persistent objections of his trial before the General Court Martial to his
former lawyers Nabassa & Company Advocates P.O. BOX 245, Mbarara High Street
fell on deaf ears.
g) That subjecting him for trial before the General Court Martial is in consistent with and/or
in contravention of Articles 28(1), 42 and 44(c) of the Constitution.

6. THAT under article 1 of the Constitution of Uganda, all power belongs to the people who
shall exercise their sovereignty in accordance with the Constitution and that all authority
in the State emanates from the people of Uganda who shall be governed through their will
and consent. The above article further provides that the people shall express their will and
consent on who shall govern them and how they should be governed.

7. THAT the petitioner is aware that article 79(1) of the Constitution of the Republic of
Uganda gives Parliament power to make laws on any matter for the peace, order,
development and good governance of Uganda in accordance with the Constitution and in
doing that, the Parliament of Uganda is given the mandate to protect the constitution of
Uganda and to promote democratic and good governance of Uganda.

8. THAT under article 2 of the Constitution of Uganda, the Constitution is the supreme law
of Uganda and shall have a binding force on all persons and authorities throughout
Uganda.

9. THAT the Parliament of Uganda is mandated under article 79(3) of the Constitution to
protect the Constitution and promote the democratic governance..

YOUR Petitioner pray that this Honorable Court be pleased to make the following declarations,
orders and reliefs;-

1. THAT his continued trial before the General Court Martial is inconsistent with
and/or in contravention of provisions of Articles 28(1), 42 and 44(c) of the
Constitution which undermines the right to fair hearing, the right to just and fair
treatment in administrative decisions and prohibition from derogation of the right to
fair hearing hence null and void.
2. THAT the provisions of the Uganda Peoples’ Defence Forces Act, 2005 do not apply
to him.
3. Any other remedy as the Court may deem fit to grant to the petitioner.
 4. Costs of the petition
10. This petition is supported by the affidavit of ERIYA KIIZA

11. The address of the Petitioners for purposes of this Petition shall be M/s A b a b i m a l a &
C o m p a n y Advocates P.O Box 26003, Kampala

DATED at KAMPALA this………………..…day of……………………2024

_______________________________________
ERIYA KIIZA
(PETITIONER)

To be served on:

The Attorney General

General’s Chambers
KAMPALA-UGANDA

Drawn & Filed by,

M/s A b a b i m a l a & C o m p a n y Advocates
P.O Box 26003,
KAMPALA-UGANDA
 THE REPUBLIC OF UGANDA.
IN THE CONSTITUTIONAL COURT OF UGANDA
CONSTITUTIONAL PETITION NO. 1 OF 2024
ERIYA
KIIZA…………………………………………………………………………….PETITIONER
VERSUS
ATTORNEY GENERAL………………………………………
>>>>………………….RESPONDENT
AFFIDAVIT IN SUPPORT.
I Eriya Kiiza of C/O Ababimala & Co. Advocates, Republic Street, P.O BOX 301, and Mbale do
hereby make oath and state as follows;
1. That I am a male adult Uganda of sound mind, the petitioner herein and swear this affidavit
in that capacity.

2. That on 6th December, 2023, I was arrested from Kisaasi by armed plain clothed security
operatives.

3. That I was rushed and detained at the Chieftaincy of Military Intelligence, Mbuya, Nakawa
Division until 18th December, 2023.

4. That on 18th December, 2023, I was arraigned before the court Martial and charged with
Kidnapping Contrary to sections 239 and 242 of the Penal Code Act and then consequently
remanded to Luzira Maximum Security Prison.

5. That I am a civilian and not a member of he armed forces to be charged before the
General Court Martial as a person subject to military law.

6. That my right to personal liberty guaranteed under Article 23 of The Constitution of the
Republic of Uganda, 19995 as Amended has been infringed on by the respondent.

7. That I challenge the said trial before the Court Martial and I declined to take plea challenging
its constitutionality.

8. That I swear this affidavit in support of the petition and whatever I have stated herein is
true to the best of my knowledge.

SWORN at KAMPALA this 7th day of May, 2023.

By the said; __________________________
DEPONENT.
BEFORE ME;
_________________.
 COMMISIONER FOR OATHS.

THE REPUBLIC OF UGANDA

IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA

CONSTITUTIONAL PETITION NO.………OF 2018

ERIYA KIIZA:::::::::::::::::::::::::::::::::::::::::::::::::::::::::: PETITIONERS

-VERSUS-

ATTORNEY GENERAL::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENT

PETITIONER’S SUMMARY OF EVIDENCE

At the commencement of the hearing the Petitioner shall adduce evidence to prove that the events and
process leading to his trial at the General Court Martial is inconsistent with and in contravention of
the 1995 Constitution of the Republic of Uganda..

1. LIST OF WITNESSES

a) The petitioner
b) Others with leave of Court.

2. LIST OF DOCUMENTS

a) All Annextures to the Petitioners’ affidavits in support of the Petition.

b) Others with leave of Court

3. LIST OF AUTHORITIES

a) The Constitution of the Republic of Uganda, 1995

b) The Constitutional Court (Petitions and References) Rules SI. No. 91 of 2005.
c) The Parliamentary Hansards
d) The Rules of Procedure of Parliament
e) UPDF Act
f) Relevant Case Law.
g) Others with leave of Court.

DATED at KAMPALA this……………………………...day of…………..………….2024.

___________________________________
(M/S A B A B I M A L A & C O M P A N Y ADVOCATES)
COUNSEL FOR THE PETITIONER
LODGED at the Registry of the Court this ____________ day of ________________, 2024

_______________________________
REGISTRAR OF COURT OF APPEAL/CONSTITUTIONAL COURT