Constitutional Supremacy

Mugyenyi v Attorney General (CONSTITUTIONAL APPLIC. No.11 & 12 of 2013) [2013] UGCC 8 (8 July 2013);


Search Summary: 

The applicant a serving officer in the Uganda People’s Defense Forces
was arrested charged in the General Court Martial with kidnap or abduct
with intent to confine a person and conduct contrary to good order and
conduct. He brought the substantive and interim application to restrain
the respondent from trying him in the Court Martial until the disposal of
the petition.

Headnote and Holding: 

The court observed that the applicant had made out a prima facie case
for constitutional interpretation when he proved a charge sheet entered
in the court martial had the alleged offences was in contravention of the
applicant’s right to a fair hearing.
The court allowed the applications and stayed proceedings in the general
Court martial.


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