The High Court is expected to deliver a potentially landmark ruling tomorrow in a habeas corpus application filed by lawyers of missing Butambala County MP Hon. Muhammad Muwanga Kivumbi, as contradictions continue to emerge in the State’s account of his whereabouts.
Lawyers representing the National Unity Platform (NUP) senior official are seeking orders compelling security agencies, including police and the military, to produce Kivumbi in court and explain the legal basis for his continued detention.
The application took a new turn during Tuesday’s hearing after the State filed a police affidavit acknowledging that Kivumbi was apprehended at a security checkpoint in Mpigi during a joint operation, but maintained that he is no longer in police custody.
The development came days after the Attorney General asked for more time, telling court that government officials were working to resolve the matter.
Leading the legal team, lawyer Samuel Muyizi expressed frustration over what he described as shifting positions from government.
“It is rather disturbing. Just four days ago, the Attorney General was clearly stating that the ministers responsible were finding a means of resolving it. Now today, the same Attorney General comes holding another affidavit saying that whereas the police apprehended Honorable Muwanga Kivumbi at Mpigi, they do not have him within their custody,” Muyizi told court.
The lawyers said they have searched several police facilities, including the Criminal Investigations Directorate (CID) and Police Headquarters, but have repeatedly been informed that Kivumbi is not being held there.
With the military yet to file a response to the application, the lawyers suspect that the MP could be in military custody.
“The police have been consistent that they don’t have him within their custody. But now that we filed the matter against the military and they have not responded, we believe very strongly that Honorable Muwanga Kivumbi is in the hands of the military,” Muyizi said.
Speaking to journalists after the court session, Medard Lubega Sseggona, another member of the defence team, said police confirmed the Mpigi checkpoint as Kivumbi’s last known location.
He described the operation as a joint security operation but raised concern over the military’s failure to respond to the court application.
Sseggona further claimed that Kivumbi is receiving treatment at a military health facility, but that his family, lawyers and personal doctor have been denied access. The claim has not been independently verified.
“If someone has committed or is suspected of committing an offence, treat him in accordance with the law. We understand he is receiving treatment in one of the military hospitals. Thank you for giving him treatment, but return him to us. His personal doctor, his lawyer and his family cannot access him,” Sseggona said.
He warned that continued disregard for the rule of law could undermine investor confidence and affect Uganda’s economy.
“Nobody would want to invest in a place where there is no freedom. Nobody would want to invest in a place where the government does not respect the rule of law and its own Constitution,” he added.
Kivumbi was granted bail by the International Crimes Division of the High Court on July 9 after spending 169 days on remand over terrorism charges related to post-election violence in Butambala.
He was reportedly rearrested the following day near Mpigi, barely 24 hours after his release.
The High Court is now expected to rule on whether the State should produce the MP and clarify his detention status. The military has not yet filed a response to the application.