The republic of uganda in the supreme court of uganda at kampala


(d) to engage in productive activities for the development of Uganda.”



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(d) to engage in productive activities for the development of Uganda.”

It seems to me that the purpose of the above provisions was to create a national rather than a partisan or personal Army. There was no evidence that there is a partisan section in the army or that the army, which was generally deployed, was partisan. There was no evidence of appointment of partisan commanders. Maj. Gen. Jeje Odongo was already the Commander of the Army when appointed to take charge of security.

The second objective appears to me to be to create a professional and disciplined army, which would respect the rights of the people. It was mandated to foster harmony and understanding between the army and the public. It was intended to create good civil-military relations and to promote a pro-people army as its name suggests.

The third goal appears to establish an army which though primarily responsible for the defence of Uganda, would co-operate with other security agencies in emergency situations and natural disasters. Other security agencies here include the Police. It was submitted that the army could only come to assist the Police in a state of emergency. I am not persuaded by this argument since the provision does not refer to a state of emergency, but emergency situations, which may involve security.

The fourth objective was to establish a productive army, which contributed to the development of Uganda especially in times of peace. I have attempted to explain the constitutional character and role of the UPDF because it is important for understanding the role it played in these elections.

It is not in dispute that the UPDF was requested by the Police to assist with the maintenance of security during the elections including the campaign period. The reasons for this request have been adequately indicated in the affidavits of the 1st Respondent, the Commander of the UPDF, the Inspector General of Police and Chairman of the 2 Respondent. It is well established that the maintenance of internal security is the primary function of the Police. Article 212 provides for the functions of the Uganda Police Forces to include:

(a) to protect life and property;


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