The Applicant, Abdulla Kitata, filed an application for Bail pending a trial by a Notice of Motion stated to be brought under Articles 23(6)(a), 43(2)(b), 50(1) 120(5) and 250(4) of the Constitution of Uganda, Section 14 of Trial on indictments Act, Rules 2 and 4 of Judicature (Criminal Procedure) Application Rules and all other enabling Laws of Uganda.
The Applicant was under a trial in Uganda Versus Haji Kitata Abdulla & 12 others – Criminal Case No.UPDF/GCM/005/2018 before General Court Martial. The application further stated that there is a pending application in the (Criminal Division), namely; Misc. Cause No. 42 of 2018 – Haji Kitata Abdulla Versus Attorney General and Others in which the Applicant challenges the jurisdiction of general court martial in the above mentioned ongoing criminal trial. During the hearing, the applicant was not in court but was represented by his counsel. The respondent (Uganda) was represented by a senior state attorney Mr. Kavuma. The foundation of this application is that the Applicant, a civilian, was charged and is being tried by the General Court Martial under Criminal Case No. UPDF/GCM005/2018 – Uganda versus Abdulla Kitata & 12 Others. This application basically seeks bail as an interlocutory relief pending the disposal of the main application.
Whether this application is properly before this court?