Under What Circumstances Can Security Agencies Other Than the Police Arrest People in Uganda?

The recent arrest and detention of former Kampala Lord Mayor Erias Lukwago by Uganda People's Defence Forces (UPDF) officers has intensified the debate surrounding the constitutional and statutory limits of arrest powers held by security agencies other than the Uganda Police Force (UPF). This article examines the legal framework governing arrests in Uganda, highlighting that while the UPF is the primary civilian law enforcement body, other agencies like the UPDF and intelligence organizations (ISO, ESO, CMI) possess highly circumscribed powers, often subject to specific conditions or in aid of civil authority. It underscores the constitutional safeguards for personal liberty and due process, emphasizing the critical need for all state actors to adhere strictly to the rule of law to prevent arbitrary detentions and uphold human rights.

The arbitrary arrest and detention of former Kampala Lord Mayor Erias Lukwago by Uganda People's Defence Forces (UPDF) officers on June 15, 2026, from his residence in Wakaliga, Kampala, has once again thrust into the spotlight the contentious issue of the constitutional powers of Uganda's security agencies. The incident, which saw UPDF personnel reportedly using unmarked vehicles and later acknowledged through social media posts by the Chief of Defence Forces, General Muhoozi Kainerugaba, has sparked widespread condemnation from opposition leaders, civil society organizations, human rights defenders, and the Uganda Law Society.

This high-profile event has reignited a crucial legal and public debate concerning the legitimate scope of authority for non-police security agencies when dealing with civilians. The core question revolves around the circumstances under which agencies other than the Uganda Police Force (UPF) can lawfully effect arrests in a democratic society governed by the rule of law. The Uganda Law Society has notably warned of domestic and international legal action, emphasizing that such actions by the military threaten the independence of the legal profession and the administration of justice.

This article aims to provide a comprehensive analysis of the legal framework defining the arrest powers of various security agencies in Uganda. It will delineate the primary role of the police, examine the limited and specific circumstances under which other agencies may lawfully make arrests, and highlight the fundamental constitutional safeguards designed to protect personal liberty and ensure due process for all individuals.

Uganda's legal system, rooted in its 1995 Constitution, clearly outlines the institutions vested with arrest powers and the accompanying safeguards. Articles 211 to 214 of the Constitution, read in conjunction with the Police Act, designate the Uganda Police Force (UPF) as the principal civilian agency responsible for maintaining law and order, preventing and detecting crime, investigating offences, and arresting suspects. Police officers are generally empowered to arrest individuals without a warrant where they have reasonable grounds to suspect the commission of an arrestable offence.

Beyond the UPF, Uganda's security architecture includes several other key agencies, each with distinct mandates. The Uganda People's Defence Forces (UPDF), established under Articles 208 to 210 of the Constitution, is primarily tasked with defending Uganda's sovereignty and territorial integrity, rather than routine civilian policing. Additionally, intelligence agencies such as the Internal Security Organisation (ISO) and the External Security Organisation (ESO) were established by the Security Organisations Act of 1987 to collect, process, and disseminate intelligence data relevant to national security. The Chieftaincy of Military Intelligence (CMI) functions as the military's intelligence arm.

Crucially, the Constitution, particularly Article 23, enshrines the fundamental right to personal liberty, stipulating that no person shall be deprived of this liberty except in specific, legally defined circumstances. This constitutional provision forms the bedrock against which the actions of all security agencies, including those beyond the police, must be measured, ensuring that any deprivation of liberty is lawful, necessary, and proportionate.

The legal framework governing arrests in Uganda unequivocally places the primary responsibility for civilian arrests with the Uganda Police Force. Under Section 23 of the Police Act, a police officer may arrest a person without a court order or warrant if they have reasonable cause to suspect that the person has committed or is about to commit an arrestable offence. Similarly, Section 10 of the Criminal Procedure Code Act empowers police officers to arrest without a warrant any person reasonably suspected of having committed a cognizable offence. These powers are, however, subject to strict constitutional safeguards, including the right to be informed of the reasons for arrest and the right to be produced before a court within 48 hours.

For security agencies other than the police, arrest powers are significantly more limited and specific. The Uganda People's Defence Forces (UPDF), while a vital component of national security, is primarily mandated for national defence. While the UPDF Act provides for the arrest of persons subject to military law for service offences, the Uganda People's Defence Forces (Application to Civilians) Regulations explicitly state that a civilian cannot be arrested by a soldier without a warrant of arrest issued by a military court. The military may assist civil authorities in exceptional situations, such as riots or emergencies where police capacity is overwhelmed, as provided for under the UPDF Act. However, such deployment does not ordinarily transfer general policing powers to the military.

Intelligence agencies like the Internal Security Organisation (ISO) and External Security Organisation (ESO) generally do not possess powers of arrest or detention. The Security Organisations Act of 1987, which established these bodies, explicitly states that no officer or employee of either organization shall have the power to arrest, detain, or confine any person by virtue only of being an officer or employee of the organization. Their mandate is primarily intelligence gathering and advising the President. While the Chieftaincy of Military Intelligence (CMI) is a military intelligence agency, it also generally lacks statutory powers of detention for civilians. Despite these legal limitations, reports from human rights organizations and the Uganda Human Rights Commission (UHRC) have consistently documented instances of arbitrary arrests, unlawful detentions, and torture of civilians by UPDF, CMI, and ISO personnel, often in unauthorized detention facilities or 'safe houses'.

Furthermore, the Constitution guarantees fundamental rights for all arrested persons, regardless of the arresting agency. These include the right to be informed immediately of the reasons for arrest in a language they understand, the right to a lawyer of their choice, and the right to be produced before a court within 48 hours of arrest. The Supreme Court of Uganda has also ruled that trying civilians in military courts is unconstitutional, reinforcing the principle that civilian matters fall under civilian judicial jurisdiction. Any deviation from these constitutional and statutory provisions, such as detention in ungazetted locations or denial of access to legal representation, constitutes a violation of fundamental human rights and undermines the rule of law. Even private citizens have a limited power of arrest for cognizable offences or felonies committed in their view, but they are legally obliged to hand over the suspect immediately to the nearest police station.

The legal landscape in Uganda clearly delineates that the primary authority for arresting civilians rests with the Uganda Police Force, operating under the strictures of the Constitution and the Police Act. While other security agencies, such as the UPDF, ISO, ESO, and CMI, play crucial roles in national security, their powers of arrest concerning civilians are highly circumscribed and must be exercised within specific statutory limitations, often requiring a warrant or acting in direct aid of civil power during exceptional circumstances. Intelligence agencies, in particular, are generally not empowered to effect arrests or detentions.

The incident involving Erias Lukwago underscores a persistent challenge in Uganda: the occasional overreach by non-police security agencies into civilian law enforcement, often resulting in arbitrary arrests and detentions that violate constitutional safeguards. Practitioners must remain vigilant in scrutinizing the legal basis for any arrest made by non-police entities, challenging unlawful detentions through applications for habeas corpus, and advocating for strict adherence to due process. The consistent calls from the Uganda Law Society and human rights organizations for accountability and respect for constitutionalism highlight the ongoing need for robust legal advocacy to protect individual liberties and reinforce the rule of law against any form of institutional overreach.