An unusual situation has arisen in Uganda. A retired 4-star general has been arrested. Ugandan law requires that the president of a court-martial be senior to the accused, but the incumbent is only a major general. What to do? Details here. Excerpt:
Mr Frank Kanduho of Kanduho and Company Advocates said there will be a procedural predicament because according to the UPDF Act, Gen [David] Sejusa cannot be tried in a court presided over by an officer below the rank of a four-star general.
The current chairman of the court martial is Maj Gen Levi Karuhanga, who is two ranks below General Sejusa. "For Gen Sejusa to be tried, the court must be chaired by an officer of equal or higher rank," he said.
To be appointed chairman of the court martial, you must be an active officer. Therefore, this leaves Gen Elly Tumwine and Gen Kale Kayihura as the only two options.
Most generals are retired. Gen Katumba [Wamala], the only third general in active service, according to the UPDF Act, cannot preside over the court because of his position.
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