High court judge Musa Ssekaana has dismissed an application filed by Jimmy Muyanja, one of Abdullah Kitatta’s lawyers challenging his expulsion from Makindye General Court martial
Jimmy Muyanja, who was ordered never to return to the Court Martial over misconduct rushed to court seeking these orders to be quashed on top of rewarding him costs and damages
In his ruling, Ssekaana informed the applicant that he never produced proof that there was a written court decision on which he was expelled to act as a ground on which a civil court can base its findings
“The applicant’s remedy lies in filing an appeal through the known appeal system of persons charged under the military legal regime and not to file an application without any order upon which the court would determine its validity.”
The judge added the lawyer should have filed an appeal before the General Court Martial of Appeal which is entitled under Section 199 of the Uganda People’s Defence Forces Act to determine appeals from decisions of the lower court.
On claims of being referred to as a “silly” and “unguided fellow” and being ordered to get out, the judge said those utterances are not a court order.
“It would be an absurdity, to bring alternate actions over every statements made in the course of the trial.”
Ssekaana added that he watched the video recording in which the applicant (Muyanja) was dismissed and made a finding that there was a serious discontent on the part of the applicant in the manner the matter was being conducted by the prosecution
“He indeed threw papers and this rubbed court martial Chairperson the wrong way. This act can be termed as contemptuous not only to the Court Martial but also to any other judicial court or any adjudicatory body.”
On 7th August 2018 during the trial of BodaBoda 2010 patron Hajji Abdullah Kitatta with others, court martial chairman Lt Gen Andrew Gutti expelled counsel Muyanja from court over misconduct which involved banging tables during the trial