Legal counsel for Kiiza claims that his contempt of court conviction was tainted by procedural errors and amounted to a denial of his constitutional right to a fair trial.
Eron Kiiza, a detained attorney, will present his case for release from prison to the High Court’s Civil Division on Tuesday at Twed Towers in Kampala.
Kiiza, who is currently serving a nine-month sentence from the Court Martial, has challenged the legality and constitutionality of his detention.
His legal team, led by Kiiza & Mugisha Company Advocates and Arinaitwe Peter & Company Advocates, argues that the military court had no jurisdiction to try him, as he is a civilian.
They also cite a recent Supreme Court ruling from January 31, 2025, which declared that courts-martial lack independence and impartiality, making their proceedings incapable of guaranteeing a fair hearing.
Last Wednesday, Civil Division Judge Dr. Douglas Singiza directed Kiiza’s lawyers, along with representatives from the Attorney General’s office and the Commissioner for Prisons, to file written submissions by Thursday, February 20, 2025.
These submissions will play a crucial role in determining whether the court will order Kiiza’s release or uphold his conviction.
Case management
Although Judge Singiza initially suggested merging Kiiza’s case with those of opposition leader Dr. Kizza Besigye and activist Obeid Lutaale—who are also contesting their detention—Kiiza’s lawyers successfully argued that his situation is distinct, as he has already been convicted while the others have not.
The judge permitted separate filings but indicated he might still consolidate the cases in his final ruling.
Kiiza’s legal team asserts that his conviction for contempt of court was marred by procedural irregularities and amounted to a denial of his constitutional right to a fair trial.
They insist that his continued detention at Kitalya Mini Max Prison is unlawful and demand his unconditional release.
The ruling on Kiiza’s case is expected no later than February 25, 2025. Judge Singiza instructed all parties to request a ruling date through the Judiciary’s Electronic Court Case Management Information System (ECCMIS).
