WHAT IF THE UGANDA MARTYRS WERE KILLED TODAY:

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The Uganda Martyrs were executed on orders of Kabaka Mwanga for converting to Christianity between 31 January 1885 and 27 January 1887. They were canonized as Martyrs in 1964, and this day is celebrated every 3rd of June.

This got us thinking, from a legal perspective;

1. Was the execution of the Martyrs in 1885 by Kabaka Mwanga lawful?

2. If the martyrs were executed today, would it be a crime?

3. What possible crimes could Kabaka Mwanga be charged with today?

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WAS THE EXECUTION OF THE UGANDA MARTYRS LAWFUL:

1. Well, this is a difficult question considering people were killed simply because of their belief. But it appears like the execution were lawfully carried out.

2. This is because the law in place at the time of their execution was customary Buganda law, which gave the King absolute powers. Including the power over life and death.

3. The current laws applied in Uganda today into place gradually, but significantly in 1902, and 1920 through documents called the Order in Council. These allowed for the application of British laws to Uganda as a protectorate, and also created the current Court system.

4. And since these laws came after the said execution, and the laws don’t act backwards, then acts committed before the law came into place cannot be punished.

5. In conclusion, since the prevailing laws at the time of the execution gave the King powers to carry out order executions, then this act could be considered lawful in Buganda, at that time.

COMPARISON WITH UNITED KINGDOM:

6. This act by Kabaka Mwanga can be compared to acts in the United Kingdom where the British Kings/ Queens had powers to order for executions.

7. One example was Charles II who is said to have ordered the beheading of Oliver Cromwell in 1661.

WHAT IF THE MARTYRS WERE KILLED TODAY, WOULD IT BE AN OFFENCE:

8. If the deaths were carried out today, in the same way they were carried out then, these deaths could be considered to have been unlawfully caused.

9. This is because the Constitution of Uganda says everyone has a right to a fair hearing. This means everyone deserves to first be tried by a Competent Court.

10. In addition, no one has the right to cause the death of another person, unless this death is lawfully caused e.g death sentence and before this occurs, the person should have first been taken to Court, which then makes the order.

WHAT POSSIBLE OFFENCES COULD THIS BE:

) Murder.
b) Manslaughter.

BUT IF KABAKA MWANGA NEVER TOOK PART IN THE KILLINGS, COULD HE STILL BE FOUND GUILTY.

11. If the Martyrs were killed today, on orders of Mwanga, then Mwanga could also still be held responsible, even though he never actively took part in the killings.

12. If you recall a case called “Uganda v Kato Kajubi”, in which Kato Kajubi was found guilty of ordering the sacrificing a child, although he never actively took part in the killing.

Happy Martyrs Day !

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Thanks Enid, are you walking with us on Sunday? I can’t promise I shall be wearing my Gomezi tho! A bit hot for a 10 km walk … but then I suppose there are thousands of Ugandan women walking country roads wearing them…

Hello Veronica, thanks for the feedback. I would love you to share my post. Just link it back to this page. Thanks! And we hope to see you in Uganda for the martyrs walk one year!