Court of Appeal has ruled that soldiers serving under the Uganda Peoples’ Defense Forces (UPDF) cannot engage in partisan politics until officially discharged from the military.
The ruling stemmed from Capt Yuventine Omara’s candidacy in the 2021 General Election for the Abim District chairmanship prior to receiving a discharge letter from the army.
Despite Capt Omara’s victory in the election, the court deemed his participation in the National Resistance Movement (NRM) party primaries and the Local Council Five elections illegal.
Justices Egonda Ntende, Catherine Bamugemereire, and Eva Luswata declared Mr. Johnny De West Ariko, the first runner-up, as the new district chairperson, ordering Capt Omara to vacate the seat.
The court emphasized that Capt Omara’s higher vote count in the 2021 polls was irrelevant due to his unlawful participation as a serving military officer.
The ruling underscored Section 99 of the UPDF Act 2005, which mandates resignation or retirement from the military for soldiers seeking political office. Additionally, Article 208 (2) of the Constitution prohibits armed forces members from engaging in partisan activities.
Capt Omara’s legal counsel, led by Jude Byamukama, presented evidence of his active military status during candidacy, including salary slips, reinforcing the court’s decision.
