Subject-matter jurisdiction decision in Uganda

The Court of Appeal of Uganda has overturned a court-martial murder conviction on the ground that the court-martial lacked jurisdiction. The accused was a lieutenant colonel; the victim apparently a civilian; the offense occurred off base. Details here from the Daily Monitor. The decision will appear in due course on the Uganda Legal Information Institute website. Excerpt from the news account:

"Court made a finding that murder was not a service offence, so it could not be tried by the General Court Martial. Accordingly, the proceedings in the appeal at the Court Martial Appeal Court was declared unconstitutional," the justices held.

The justices explained that as it was illegal for the military courts to try a murder case having been exercised outside their area of jurisdictions, and that it would be a waste of Court's time to proceed to examine the other grounds of Appeal since the appeal stems from the issue of jurisdiction.

"This Appeal is therefore allowed and the conviction of the Appellant by the Court Martial Appeals Court is hereby set aside and the sentence quashed. The appellant (Lt Col [John] Kaye) must be set free," Court ruled.