. . . Justice Musa Sekaana dismissed the petition on grounds that the orders which were sought in the application were wrongly placed and lacked merit.Human rights jurisprudence strongly disfavors the trial of civilians by military courts.
Justice Sekaana noted that although the challenge was aimed at the Director of Public Prosecutions, the evidence presented before the court by State Attorney Sylvia Cheptoris indicates that the trial was facilitated by the Director of Army Prosecutions - whose jurisdiction is the General Court Martial.
He further explained that the applicant had raised similar arguments in the military Court but the court Martial Chairperson overruled their request. Justice Sekaana added that there was no evidence to prove that [Tonny] Kipoi was detained at Makindye Military Barracks since records indicate that he was already transferred to Luzira Prison.
Kipoi's lawyer Retired Major Ronald Iduli said they were planning to appeal against the ruling.