Former Butambala County MP and National Unity Platform (NUP) Deputy President for Buganda, Muhammad Muwanga Kivumbi, failed to appear before the Butambala Chief Magistrate’s Court, where he was expected alongside more than 20 co-accused facing terrorism charges.
Kivumbi’s absence prompted the prosecution to inform the court that the State had been unable to establish his whereabouts and requested the court to issue criminal summons compelling him to appear.
However, the request was opposed by Kivumbi’s defence team, which maintained that their client was in government custody following his reported arrest last week.
The case came up for mention before Chief Magistrate Deogracious Ssejjemba, with all the other accused appearing in court except Kivumbi, who is listed as the first accused.
State Attorney Salam Nabbosa told the court that while the other accused had appeared, the prosecution could not confirm Kivumbi’s whereabouts after he failed to attend the hearing.
Nabbosa asked the court to issue criminal summons requiring Kivumbi to appear.
Kivumbi’s lawyers, led by Samuel Muyizzi and Kenneth Paul Kakande, told the court that they had also been unable to trace their client for the past five days following reports of his arrest by security operatives.
One of Kivumbi’s sureties, his relative Fatuma Lutaaya, was present in court.
The defence questioned the State’s position, arguing that government could not claim ignorance of Kivumbi’s whereabouts while simultaneously seeking criminal summons against him.
Chief Magistrate Ssejjemba declined the prosecution’s request and adjourned the matter to August 20 for further mention.
Kivumbi was reportedly arrested on Friday, July 10, in Mpigi District while travelling from his home in Butambala to Kampala. His whereabouts have remained unknown since.
On Tuesday, July 14, the Leader of the Opposition in Parliament, Joel Ssenyonyi, demanded that the government explain Kivumbi’s disappearance.
Attorney General Sam Mayanja said the government required more time to establish the circumstances surrounding the matter.
Meanwhile, Kivumbi’s lawyers are expected to appear before the High Court in Kampala to argue their application for a writ of habeas corpus, seeking an order compelling the authorities to produce him before court, whether alive or deceased.