ADMINISTRATIVE AUTHORITIES GROUPWORK DISCUSSION
(SUSPENSION AND CONTROL OF POLICE POWER)
NAME REG. No.
SHADRACK DAVID BM25B11/131
TUMWESIGYE BM25B11/132
PHILLIP
MARK MUGISHA BM25B11/130
OWEMBABAZI BM25B11/129
TRACY
SUPERVISION AND CONTROL OF POLICE POWER
a) Internal Controls
These refer to mechanisms within the police force itself designed to regulate its
power and ensure accountability.
Police Committee’s: These refer to internal disciplinary bodies
within the police itself. They are typically composed of police officers who
investigate and address complaints of misconduct against their fellow
colleague’s. These committees ensure that internal professional standards
are upheld and that police officers who violate regulations are held
accountable.
According to section 12 of the Police Act Cap 303, It gives key emphasis
on the district Police Committee’s, their function and composition. Its as
provided below;
According to Sect.12(1), There shall be established a district police
committee in each district.
According to Sect.12(2), there’s emphasis on the functions of a district
police committee of which are 12(2)(a), Advice the police council on
appointments, promotions and other personal matters and 12(2)(b), Any
other duties assigned to it by the police council whereby the police council
is showcased in sect.10 and 11 of the Police Act Cap 303.
According to Section 3, A district police committee shall be composed of,
12(3)(a), The district police commander as it’s chairperson and the
following members as,
12(3)(b)(1), The district special branch officer
12(3)(b)(2), The district criminal investigation department officer
12(3)(b)(3), The officer in charge of prosecutions in the district
12(3)(b)(4), The district police commander in charge of the local
administration police
12(3)(b)(5), Three non-commissioned officers appointed by the
regional police commander and,
12(3)(c), A staff officer of the district who shall act as secretary to the
district police committee.
Police Command: This refers to the chain of command within
the police force of Uganda .This starts from the Inspector General of
Police (IGP) currently known as Abbas Byakagaba of which proceeds to
the Deputy IGP currently known as James Ochaya of which then
proceeds onto the lowest ranking officer such as the regional force
command e.g. Richard Ecega for the Kampala Metropolitan
Zone(Kampala), Dennis Namwoza for the Rwenzori zone (Fort
Portal), Hillary Kulaigye for the south western zone (Mbarara) and
Moses Muluya for the Albertine zone (Hoima). Theres also another
lower rank known as district force command. That rank is led by the ASP
(Assistant Superintendent of Police) whereby there many serving
different roles across the country e.g. ASP Otabong David was appointed
as DPC (District Police Commander) in Kole municipality in 2020.
The ASP serves as head of a section or station within a district or
municipality and is supported by other officers with ranks of SSP (Senior
Superintendent of Police) and SP (Superintendent of Police) at various
levels. In terms of leadership structure, The ASP heads a station or
section at district level, The SSP may lead a section or serve as a
district staff officer and lastly the SP may head a divisional police
station and serves as staff officer. For example, there’s SSP Maureen
Atuhaire who leads the Child and Family Protection Department and SSP
Ahumuza Tobias who is involved in training at the Police Training
School. Examples of SP’s include SP Tusingwire Ceasar Julius SP
Kakamba Paul as listed in the 2016 police promotion notice. There’s
also SP Rashida Mugawe and SP Nanoka Moses who appear in
various police announcements. These officers hold significant command
roles such as heading divisional police stations or leading district crime
investigation teams.
The hierarchy of the police force is quite a crucial control mechanism. Orders and
directives flow from the top and officers are accountable to the immediate
superiors in the chain of command. This structure ensures discipline and order
and allows for the quick and effective supervision of officers’ actions.
NB: According the Blacks Law Dictionary 2nd Edition, Chain of command
refers to the order of hierarchy by which an organisation wields and delegates
authority and power from top management to every employee at every level of the
organisation.
The chain of command is as follows
1.Inspector General of Police as per section 13 of the police act cap 303
whereby the IGP receives power delegated to him/her by the president and section
5(1) whereby the it states that the Uganda police shall be headed by the IGP. The
current IGP is known as Abbas Byakagaba.
2.Police Council as per section 10 of the police act cap 303 with the IGP at the
top as chief commander and chief executive. It engages in functions such as
recruit and appoint police officers, exercise disciplinary control over police
officers and formulate terms and conditions of service of members of service of
members of police and six other functions as per Section11 of the police act cap
303.
3.Deputy IGP as per section 5(3) of the Police act cap 303 whereby it states that
the deputy IGP shall assist the IGP in carrying out his duties. The current deputy
IGP is James Ochaya.
4.Assistant IGP(AIGP’s)e.g. AIGP Tom Magambo, director of criminal
investigations directorate (CID) as of early 2025 and Lawrence Nuwabine,
director of traffic and road safety in the Uganda police force as by December
2 ,2024.
5.Senior Commissioner of Police (SCP) e.g. SCP John Kamya who serves as
head of curriculum and doctrine development department in the Ug. Police
force.
6.Constables and special constables at local level
NB: According to Section 1 of the Police Act cap 303, A constable is defined as
a police officer of or below the rank of head constable major. A constable is also
referred to as a junior rank in the Uganda Police Force.
Police Authority: It refers to the high-level body established to
oversee the administration of the Uganda police force. It ensures that the
force is managed efficiently and in accordance with the law. According to
section 8, The Police Act cap 303 emphasizes establishment, composition
and meetings of the Police Authority.
Sect.8(1) emphasizes about establishment of a police authority
Sect.8(2)(a) emphasizes the police authority to consist of a minister
responsible for internal affairs as its chairperson.
Sect.8(2)(b)(1) , police authority consist of an Attorney General
Sect.8(2)(b)(2), police authority to consist of the Inspector General
of Police
Sect.8(2)(b)(3), police authority to consist of the deputy Inspector
General of Police.
Sect.8(2)(b)(4), police authority to consist of a senior officer in
charge of administration at the headquarters of the force.
Sect.8(2)(b)(5),police authority to consist of three other persons
appointed by the persons.
Then Sect.8(3), The Permanent Secretary of the ministry responsible for
internal affairs shall be the secretary to the police authority.
Sect.8(4), The quorum of the police authority is five
Sect.8(5),The police authority may regulate its own procedure.
Functions of the Police Authority
According to section 9 of the police act cap 303, the functions of the police
authority are properly and individually laid out.
According to section 9(1)(a-g) and 9(2), they are as follows
a) Advise the gov’t on policy matters relating to the management,
dev’pt and administration of the force
b) Advise the president on the appointment of the IGP & deputy IGP
c) Recommend the president appointments and promotions of police
officers above the rank of assistant superintendent of police.
d) Determine terms and conditions of service in the force.
e) Hear & determine appeals from decisions of the police council
f) Determine by statutory order the ranks, precedence, command and
seniority of the force.
g) Empower the force to perform the services of a military force
Sect.9(2), The police authority may appoint a committee from its members
to assist with its functions and assign duties to it, as long as it fits within
the authority’s conditions.
(In summary, the police authority can appoint a committee to help with its
functions and assign duties to it as it sees fit)
Disciplinary Procedure: This refers to processes designed to ensure that
police officers maintain high standards of professionalism, integrity and
discipline.
This is visibly showcased in Part 6 of the Police Act Cap 303
According to section 44, it emphasizes establishment of the police
disciplinary code of conduct whereby under sect.44(1), gives its function
as to be the basis for disciplinary control of all police officers and other
persons employed in the force under this code of conduct. Sect.45 lists
persons subject to the disciplinary code of conduct, Sect.46 emphasizes
power of disciplinary control of a police officer above the rank of assistant
commissioner shall vest in the police authority and those below the rank of
assistant commr. shall vest in the police council acting through a police
disciplinary court.
Sect. 47 clearly showcases the dismissal of police officers by the police
authority.
Sect. 48 clearly showcases recommendations for dismissal of a police
officer whereby the police disciplinary court under sect.49 may impose
any penalty other than dismissal.
Sect.49 provides establishment of a police disciplinary court and
protection of members from legal proceedings
Sect.50 provides categories of police disciplinary courts of which are
police council appeals court (Sect.51), regional police courts(sect.52) and
lastly subordinate police courts. (Sect.53)
Police Appeals council court
According to Sect.51(1) (a-e), the court shall consist of a presiding
chairperson not below the rank of assistant commr. of police, two senior
police officers, a force political officer, a police legal officer, two other
members appointed by the chairperson of the police council.
Sect.51(2), The quorum shall be 5 members including the chairperson.
Sect.51(3), It shall be the highest appellate police court in the force.
Sect.51(4), An appeal shall be properly lodged to the court if based on one
or more of the following grounds; (a)erroneous findings, (b)illegality of
sentence, (c) any miscarriage of justice (d)a point of law, (e) severity of
punishment.
Regional Police Courts
Sect.52(1), these courts shall be each regional headquarters which shall
have original and appellate jurisdiction to try and determine all
disciplinary cases.
NB: Original Jurisdiction is the power of the court to hear and decide a
case for the first time & Appellate jurisdiction is the power of a higher
court to review a case that has already been decided by a lower court.
Sect.52(a-c), It shall consist of a presiding chairperson who shall not be
below the rank of assistant superintendent, two or four other police officers
not below the rank of corporal and an independent prosecutor who may be
an officer of the criminal investigation department.
Sect.52(3), The quorum shall be 3 members including the chairperson.
Sect.52(4), The court shall be competent to award punishments in
accordance with schedule of this act.
Sect.52(5), When the court can’t punish a defaulter, it sends the case to
IGP who then passes it to the police council appeals court with a
punishment recommendation.
Sect.52(6), If the punishment awarded under subsection 5 involves
dismissal of a senior police officer, the record shall be submitted to the
police authority.
Subordinate Police Courts
Sect.53(1), these courts shall be established at each police unit which shall
be constituted whenever a disciplinary offence is committed
As per Sect.53(1) (a-c), It shall consist of a presiding chairperson who
shall not be below rank of assistant inspector, two other officers above the
rank of the defaulter and an independent prosecutor who may be an officer
of the criminal investigation department.
Sect 53(2), The quorum shall be three members including the chairperson.
Sect 54(3), The court shall have powers to award any of the punishments
specified in the schedule in this act.
Arrest for disciplinary offences & Place of confinement of offenders
According to Section 56 of the police act cap. 303 , when one commits
an offence against the code, he/she may be arrested with or without
warrant by a police officer higher in rank
As per Section 57 of the police act cap.303,the place of confinement for
the offender is a guardroom or a cell provided for that purpose.
Complaint’s by the public against public officers
According to section 70(1) (a-c) of the police act cap.303, A person is
entitled, without prejudice to any other legal means of redress available to
him or her to make a written compliant as to; Any instance of bribery,
corruption, oppression or intimidation by a police officer, Any neglect or
non-performance of his or her duties by a police officer, Any other
misconduct by a police officer.
b) External Controls
Judiciary: The Judiciary through the courts is a primary external
control on police power. If a person feels that their rights have been
violated by the police e.g. by unlawful arrest, excessive force or
any other abuses, they can seek the best possible course of legal
action in a court of law. The judiciary can issue orders such as
habeas corpus to compel the police to produce an arrested person in
court or it can hold officers criminally liable for their actions.
NB: According to the black’s law dictionary ,2nd Edition; Habeas
corpus refers to a court order demanding that a public official
delivers an imprisoned or detained individual to the court and
show a valid reason for that persons detention.
According to article 23(4)(b) of the 1995 constitution ; Of which
states that an individual arrested or detained on reasonable
suspicion of a criminal offense must be brought b4 court as
soon as possible & in any case not later than 48hrs after their
arrest or detention.
According to section 34 of the judicature act cap 13; Courts are
given the mandate to issue a writ of habeas corpus if there is
reasonable ground to believe a person is unlawfully detained.
Judicial Review
Refers to a process in which the executive, legislature or
administrative sectors of government are subject to review by
the judiciary. Legislative Examples include; Article 42 of the
1995 constitution which showcases right to just and fair
treatment in administrative decisions, Section 36 of the
judicature act cap 13 which grant the high court power to
conduct judicial review and lastly Judicature (Judicial
Review) Rules 2009 outlines the procedural aspects of judicial
review.
Grounds for judicial review for the Uganda Police Force
1. Illegality; This applies when the police have acted ultra
vires(Beyond the powers conferred upon them by law).e.g
Arresting a person without a lawful reason or for non-
arrestable offense. The court checks whether the UPF’s
actions are supported by the police act or other relevant
statutes
Case; Bashasha v Attorney General & Others(2017)
Brief Facts
The applicant Bashasha Alex sought a judicial review to
stop the respondents including the AG and officials from
the Criminal Intelligence & Investigations directorate
from investigating payments made under court orders.
The applicant’s key arguments were ; His law firm
represented clients in several concluded lawsuits against the
gov’t and court had issued decrees and orders for payment ,
The Police were illegally investigating these payments and
interfering with the courts orders , actions that were
considered an ‘affront of the independence of the judiciary’,
The respondents represented by the AG didn’t file any
affidavits(Written statement confirmed by oath or
affirmation for use as evidence in court ) to rebut the
applicants claims leading the court to treat the facts as true.
The court ruled in favour of the applicant declaring that
the respondent’s investigations were ultra vires, illegal and
undermined judicial powers. An order of prohibition was
issued to stop the respondents from investigating or
interfering with court decisions and their execution.
Additionally, an injunction was granted to restrain them
interfering with payments made under existing court orders.
Courts Holding
Court held that the police’s actions were illegal and ultra
vires (beyond their legal powers). The court emphasized
that the police’s mandate as defined by the police act cap
303 is to prevent and detect crime not to interfere with the
execution of court orders. By doing so, the police were
undermining the authority of the judiciary.
Uganda Human Rights Commission
Its main role is to investigate and address human rights violations
including those committed by the Uganda Police Force.
According to Article 51(1) of the 1995 constitution, there shall
be commission called the Ug. Human Rights Commission.
According to Article 52(1) (a-i) of the 1995 constitution, the
functions of the Human Rights Commission are clearly outlined in
a total of nine functions.
As per sect. 3 of the Human rights Act Cap.12 , There’s
emphasis on enforcement of human rights and freedoms .
The Inspector General of Government
The IGG’s major role is to fight corruption and abuse of office in
public institutions including police.
The IGG is entirely emphasized in chapter 13 of the 1995
constitution. As per Article 233(1) of the 1995 constitution, It
states that there shall be an IGG.
According to Article 225(1)(a-f) & 225(2) of the 1995
constitution, The functions of the IGG are well listed.
The jurisdiction of the IGG shall cover officers or leaders whether
employed in the public service or not and also such
institutions ,organisations or entreprises as parliament may
prescribe by law as per Article 226 of the 1995 constitution.
The IGG may establish branches at district and other administrative
levels as see’s fit as per Article 228 of the 1995 constitution.
Resources of the Inspectorate of Government are provided
according to Article 229 of the 1995 constitution.
Special powers of the Inspectorate of Government are provided
according to Article 230 of the 1995 constitution.
The IGG Act Cap 167
According to section 2(1) of the act, there shall be establishment
of the office of the Inspector General of Gov’t.
According to section 7 of the act, the duties and functions of the
inspector general of Gov’t are well provided.
According to section 8 of the act, the general powers of the
Inspector general of Gov’t are provided.
Parliament: It being the legislative arm of gov’t, it
exercises control over the police through legislation. Parliament
can create laws that govern the police force such as the Police Act
cap 303 and article 211(1) of which states there shall be a police
force to known as the Ug. Police Force and such other police
forces in Ug. as Parliament may by law prescribe . It also has
committee’s e.g. Committee on defence and Internal Affairs that
can summon the Inspector General of Police and other senior
officers to answer qns about police operations and conduct.
Parliament exercises control by approving the annual police
budget giving it financial control over the Uganda Police Force.
The MPs can question the IGP on the floor of the house
regarding police-related issues to address specific issues e.g. use of
excessive force during protests.
According to Article 213(2), The IGP & deputy IGP of police shall
be appointed by the president with approval of the Parliament.
According to Article 214(a-c), provides emphasis on parliament to
regulate the UPF. It shall make laws; Providing for the organisation
and administration of the UPF, ensuring that members of the UPF
are recruited from every district, regulating generally the UPF.
