The High Court in Kampala has dismissed an application seeking the release of detained UPDF officer Capt. Amiss B. Ainebyona, ruling that his detention by the military is lawful under the Uganda Peoples’ Defence Forces (UPDF) Act.
In a ruling delivered on May 26, 2026, Justice Bernard Namanya dismissed the habeas corpus application filed by Ssempijja Ddungu Joseph against the Attorney General.
Ssempijja, who described himself as the father-in-law of Capt. Ainebyona, had petitioned court seeking orders compelling government to produce the officer before court so that the legality of his detention could be examined.
According to court documents, Capt. Ainebyona reportedly disappeared in September 2024 after leaving home for duty at the Chieftaincy of Military Intelligence in Munyonyo, Kampala. His relatives later learnt that he was being held at the Military Police Barracks in Makindye.
The applicant argued that the officer had remained in detention for close to two years without being produced before any court of law.
However, the Attorney General, through an affidavit sworn by Lt. Col. Edgar Musasizi, Director of Civil Affairs in the Ministry of Defence, defended the detention, stating that Capt. Ainebyona was under administrative detention in line with internal UPDF disciplinary procedures.
Court was also informed that the family was aware of the officer’s place of detention.
Justice Namanya noted that under Articles 119 and 250(2) of the Constitution, the Attorney General is the principal legal adviser and representative of government in court proceedings. He consequently struck out other respondents, including the Chief of Defence Forces and Commandant of the Military Police Brigade, leaving the Attorney General as the sole respondent.
In his ruling, the judge cited Sections 117, 176 and 183 of the UPDF Act, which subject serving military officers to military law and permit detention of personnel suspected of service offences.
The court examined a detention order dated September 6, 2024, signed by Brig. Gen. AB Rugumayo on behalf of Maj. Gen. JM Birungyi, directing the Military Police headquarters in Makindye to detain Capt. Ainebyona on allegations of “conduct prejudicial to good order and discipline.”
Justice Namanya ruled that the detention was backed by lawful military process.
“On the material presently before court, his detention cannot be said to be unlawful for purposes of a writ of habeas corpus,” the judge ruled.
The court, however, observed that the Attorney General had not provided evidence showing whether a military trial against the officer had commenced since his detention nearly two years ago.
Justice Namanya pointed out that Section 188 of the UPDF Act provides remedies for prolonged detention without trial, including petitions to military authorities and the President for release or disposal of the case.
He noted that there was no evidence showing that Capt. Ainebyona or his representatives had pursued those remedies before seeking court intervention.
The application was consequently dismissed, with the judge making no order as to costs.
The ruling was delivered electronically under the Judicature (Electronic Filing, Service and Virtual Proceedings) Rules, 2025.
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