UGANDA: Why Gen. Gutti is not in charge of the army court martial

WHY GEN. GUTTI IS NOT IN CHARGE OF THE ARMY COURT MARTIAL

CHANGE OF GUARDS - “It is regrettable that an instruction of the GCM Chairman Lt. Gen. Gutti was disobeyed by officials at the Military Police Headquarters. As the head of the GCM, he has powers like any other court judge to make a ruling which is binding. Just as he ruled that Kitatta should be detained at Makindye, he has the same power to decide who sees him. It is therefore unfortunate that we have been denied access."

Mufti of Uganda lamenting after he was denied access to visit detained patron of the Boda Boda 2010, Mohammed Kitata at Makindye Military Barracks - last week, Sept 2018.

After being made to wait for over four hours as soldiers consulted their superiors, he was told that access has been denied. The final authority to deny the head of the Islamic faith in the country access to Kitata could only come from Museveni personally.

The so called military courts are Museveni's personal courts. Being the convening authority, Museveni controls the operations of military courts to suit his personal interests. His role in the running of military courts was highlighted in the constitutional petition No. 8 of 2008, Gen. James Kaziini Vs Attorney General. Citing
Regulations 22 and 23 of the UPDF (Rules of Procedure) Regulations S.1. 307-1, he submitted that those provisions are unconstitutional and contravene Article 128 (1) and (2) of the Constitution which guarantees the independence of the judiciary.

"........there was constant interference by the Court Martial convening authority. The rules of the Court Martial say that the court can adjourn and report to the convening authority. So there is a convening authority somewhere which is outside the court. When the court makes a ruling, it reports to this authority for approval. The authority can also decide to dissolve the court. The same authority can meddle in the trial by stopping it and appointing a fresh court to try the accused. This procedure is wrong. This is interference with the court. A court that is not independent can never administer a fair trial."

WHY DENY THE MUFTI ACCESS?
The Museveni regime indiscriminately associates Muslims with terrorism and the fight against the same vice has been its major bite for western aid and alliance. It has made tremendous efforts in alienating and dividing the Muslim community in Uganda. It considers the Mufti as a Kipingamizi (enemy) for his continued advocacy for fair treatment of Muslims. Addressing mourners during the prayers for the slain police commander, Mohammed Kirumira, the Mufti had this to say; 

 
"Our colleagues are rotting in jail. They are accused of verbal terrorism, yet others who are arrested with actual guns, are freed from military detention and tried in civil courts. But Kitatta, a civilian is still languishing in military detention. Is that the justice that we have for Muslims?
We want government to treat us fairly; we too are citizens of this land; we demand equal rights.”

During the same occasion, his second deputy Mufti also had this to say;
"The Muslims have been attacked from all angles; these high personnel people who have reached the level of serving the country are the ones being targeted. We need an action program. Prayers will work but we need an action program.”

Earlier in June 2018, in his Idd-el-Fitr sermons, the Mufti had castigated the regime for targeting Muslims thus;
"Government should compensate all Muslims who were arrested and tortured over criminality but were released by the courts. We also ask government to stop always seeing Muslims as the first suspects in every crime that is committed. Muslims are peaceful people,”

Therefore, for Museveni, this persistent advocacy for fair treatment of Muslims by the Mufti and other top leaders of the Islamic faith in Uganda amounts to the politically treasonous offence of incitement. When the opportunity presented itself, he has to be humiliated hence denial of access. In fact the figurehead Chairman of the military court who overstepped his mandate by allowing the Mufti to visit a detainee must have been subjected to serious reprimand.

INFORMATION IS POWER AND THE PROBLEM OF UGANDA IS MUSEVENISM