Martha Karua Sends Clear Message to CJ Alfonse Owiny-Dollo after Failing to Meet Him

Former Kenyan justice minister Martha Karua efforts to meet Chief Justice Alfonse Owiny-Dollo failed after chaotic scenes at the Supreme Court in Kampala. But she has sent a clear message to the CJ, using the media to tell him what his legal team sought to discuss with him. 

Karua, the legal team leader for Dr Kizza Besigye and Obeid Lutale Kamulegeya, was in company of Kampala Lord Mayor Erias Lukwago and fellow lawyer Eron Kiiza.

They had wanted to seek CJ Owiny-Dollo’s intervention on a ruling blocking the General Court Martial from trying Besigye and Lutale, civilians, in accordance to a ruling with a Constitutional Court ruling in 2021.

In 2016, former MP Michael Kabaziguruka challenged his trial, as a civilian, in the General Court Martial over charges of attempting to overthrow President Museveni’s government.

In 2021, majority of the justices of the Constitutional Court – Kenneth Kakuru, Hellen Obura, and Remy Kasule – ruled in favour of his application, while two –  (with Christopher Madrama and Stephen Musota dissented.

Consequently, the court ordered the office of the Director of Public Prosecutions (ODPP) to take all files of civilians from the General Court Martial to civil courts within 14 days. But the Attorney General challenged the Constitutional Court ruling in the Supreme Court, the highest temple of justice in the land.

As they attempted to enter the court’s premises which were under tight security, Karua and her team were first blocked before security officers resorted to strict entry requirements. Checks were conducted on each person seeking entry. Reporters were denied entry into the premises.

Inside, the lawyers sat in a boardroom after which they were told the Chief Justice was not in office. Lukwago said they could not verify the claims of the Owiny-Dollo being unavailable to see them.

As she left, Martha Karua urged CJ Owiny-Dollo to make an administrative pronouncement or cause the speedy judgement in the attorney general’s application challenging the Constitutional Court ruling.

“The delay by the Supreme Court to deliver judgment in an application by the Attorney General in which [former Nakawa MP] Michael Kabaziguruka was the respondent means there’s continued violation of the Constitutional Court order which said trying civilians in the military court was unconstitutional,” she said.

“We are invoking the Chief Justice, Alfonse Owiny-Dollo’s administrative jurisdiction to cause this judgement to be delivered since the application was heard and concluded in 2021. The stay of the Constitutional Court orders is giving the military license to force Dr Kizza Besigye, Hajj Obeid Lutale and many other civilians to be tried by the General Court Martial. We have asked that this judgment be delivered expeditiously so that the civilians can be out of the General Court Martial.”

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