Constitutional Court has on Monday dismissed an application by former Bubulo West legislator Tony Nsubuga Kipoi challenging his trial before the General Court Martial.
The matter had come up for hearing before a panel of five justices led by Justice Kenneth Kakuru, however, this was not possible due to a number of factors.
Kipoi’s lawyer, Retired Major Ronald Iduuli informed court that his client has not been able to make it to court but he granted him permission to proceed in his absence.
The justices insisted that it was necessary to have Kipoi in court to give more clarification on some contradictions in the matter.
The prosecution led by Principle State Attorney Jeofrey Atwine, in its response, had attached a copy of Kipoi’s Amnesty certificate indicating that charges had been dropped against him.
Iduuli told court that his client was on bail therefore he required time to cross check the authenticity of the said certificate and thus requested for an adjournment.
Being that he (Iduuli) had not yet finalized with the process of renewing his Practicing Certificate (PC), the judge dismissed the application and advised him to re instate it in case they are still interested.
“We would have adjourned the matter to another date to enable the petitioner to get other advocates but we are unable to do so since the only law firm with address before this court concerning this matter is Ojok and Company Advocates,” ruled the justices.
These declined to issue any order for costs in this matter.
Reacting to this judgment, Iduuli said that it was unfair since court could have left him to stand aside and allow another lawyer from the law firm to take over the matter.
“My delay in renewing of the PC doesn’t have to affect my client’s case, they could have adjourned the matter than dismissing it,” he retorted.
He added that he has already communicated with his client and very soon they are going to come up with a way forward.
Kipoi, in June 2018, petitioned the Constitutional Court challenging section 119 of the UPDF Act in which he is being charged before the General Court Martial saying that it is unconstitutional.