By The High Court in Kampala has dismissed a bail application by Yasin Ssekitoleko, also known as Machete, citing lack of jurisdiction to hear the matter since his case has not been formally transferred from the General Court Martial to the civilian courts.
Justice Andrew Khaukha ruled that although the Supreme Court earlier directed that civilians should not be tried before military courts, and ordered the transfer of such cases to civilian jurisdictions, Ssekitoleko’s file had not yet been properly instituted in the High Court through committal proceedings.
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“The High Court cannot exercise jurisdiction over a matter that has not been properly brought before it through established legal procedures,” the judge stated, adding that the applicant was at liberty to pursue proper committal proceedings in a Magistrates Court before reapplying for bail.
The decision means that Ssekitoleko, who has been on remand for nearly five years on charges of treachery and unlawful possession of ammunition, will remain in detention.
Following the ruling, National Unity Platform (NUP) president Robert Kyagulanyi, alias Bobi Wine, issued a strongly worded statement on his X account condemning the decision.
“Yesterday evening, after delaying his ruling without explanation for over three months, a Judge of the High Court dismissed comrade Yasin Ssekitoleko Machete’s bail application. The Judge reasoned that he lacks jurisdiction to resolve the application since Machete’s file has not been transferred from military to civil courts like the Supreme Court ordered in January,” Bobi Wine said.
He added that the decision “essentially punishes comrade Machete for the regime’s refusal to obey the Supreme Court’s order, and disregards the nearly 5 years he has already spent on remand without trial.”
Bobi Wine further described the ruling as legitimising detention without trial: “It condemns Machete and by extension other court martial political prisoners — to indefinite imprisonment. As things stand now, the Machetes are left without a viable legal remedy. It falls on all of us still outside the physical prison walls to mount as much pressure as we can to secure their freedom, and to continue fighting for a system that truly upholds justice and human rights.”
The ruling has reignited debate on the fate of civilian political detainees held under the military justice system despite court pronouncements, raising questions about access to justice and the separation of military and civilian jurisdictions.
