The High Court in Kampala has ordered the Internal Security Organisation (ISO) to unconditionally release Movit products Managing Director Simpson Birungi from detention.
Birungi was on June 7 arrested by unidentified armed men before being detained in an unknown place.
However, on June 11, Birungi’s family petitioned the High Court civil division court seeking for orders of a habeas corpus against the Director General, Internal Security Organisation, Inspector General of Police, the Chieftaincy of Military Intelligence and the Attorney General to have him produced.
The court would then summon the ISO Director General to appear and explain Birungi’s whereabouts
On Tuesday, Justice Moses Ssekaana issued the order for ISO to release Birungi unconditionally after government failed to turn up to court to explain the detention.
“In absence of the Attorney General of Director General of ISO to explain the detention beyond 48 hours, and in a place not authorized by this court, in exercise of its discretion orders that the person restrained be released from the illegal detention in accordance with rule 6 of the judicature rules, “Justice Ssekaana ordered.
Through Birungi’s wife Sheila Kyokusiima, the family told court that the Movit Managing Director had been detained in a safe house in Kyengera, Wakiso district and that he had been denied his personal liberty contrary to article 23 of the Constitution.
“His abduction or kidnap is unconstitutional and illegal,” said the wife through lawyers from Nyanzi,Kiboneka and Mbabazi advocates.
“No reason has ever been availed for the continued detention yet his relatives have been denied access to him.”
The family asked court to compel the security organs to produce him to court to answer charges against him in accordance with the law.
In his ruling on Tuesday, Justice Ssekaana noted that Birungi is detained at Kyengera, a place which is not known to be a gazette place authorized by law under article 23(2) of the constitution for such a purpose before ordering for his immediate release.
It is alleged that Birungi was arrested by ISO operatives as he left CID Headquarters to respond to bond conditions after an earlier arrest by police over murder allegations.
It is alleged that Birungi murdered his former manager Stephen Asaba in 2010 before his body dumped in Nakawuka ,Kajjansi town council, Wakiso district.