Practice Relating to Rule 100. Fair Trial Guarantees
Section G. Examination of witnesses
Uganda’s Defence Forces Act (2005) provides:
214. Witnesses and advocates at military courts
(1) The commanding officer or officer commanding of the accused person and a military court shall take all necessary action to procure the attendance of the witnesses whom the prosecutor or the accused person or both request to be called and whose attendance can, having regard to the exigencies of the service, reasonably be procured.
(2) Nothing in subsection (1) shall require the procurement of the attendance of any witnesses, the request for whose attendance is deemed by the commanding officer, officer commanding or the military court, to be frivolous or vexatious.
(3) Where a request by the accused person for the attendance of a witness is deemed to be frivolous or vexatious, the attendance of that witness, if his or her attendance, having regard to the exigencies of the service, can reasonably be procured, shall be procured if the accused person pays in advance the fees and expenses of the witness at the rates prescribed in regulations.
(4) If at the trial the evidence of the witness proves to be relevant and material, the military court shall order the accused person to be reimbursed in the amount of the fees and expenses of the witness paid under subsection (3).
(5) Nothing in this section limits the right of the accused person to procure and produce at the trial at his or her expense such witnesses as he or she may desire.