Uganda’s High Court is expected to rule on Wednesday on a habeas corpus application seeking the production of Butambala County MP Muhammad Muwanga Kivumbi, whose whereabouts remain unclear after his reported rearrest.
The application, filed by lawyers representing the National Unity Platform (NUP) official, asks the court to compel security agencies, including the police and the military, to produce the legislator and explain the legal basis for his detention.
The case took a new turn during Tuesday’s hearing when the State submitted a police affidavit confirming that Kivumbi had been arrested at a security checkpoint in Mpigi during a joint security operation. However, the affidavit stated that he was no longer in police custody.
The latest position differs from submissions made by the Attorney General days earlier, when the court was told that government officials were working to resolve the matter.
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Lead lawyer Samuel Muyizi criticised what he described as inconsistencies in the government’s account.
“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 said.
Lawyers for the MP told the court they had searched several police facilities, including the Criminal Investigations Directorate (CID) headquarters and Police Headquarters, but were informed that Kivumbi was not being held there.
They now suspect he may be in military custody, noting that the military has not yet filed a response to the application.
“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 added.
Speaking after the hearing, another member of Kivumbi’s legal team, Medard Lubega Sseggona, said police had confirmed that the MP was last seen at the Mpigi checkpoint during what he described as a joint security operation.
Sseggona also alleged that Kivumbi was receiving treatment at a military medical facility but that his family, lawyers and personal doctor had been denied access. The BBC has not independently verified that claim.
“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 argued that failure to uphold the rule of law could discourage investment in Uganda.
“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 9 July after spending 169 days on remand on terrorism charges linked to post-election violence in Butambala.
He was reportedly rearrested near Mpigi a day after his release.
The High Court is expected to determine whether the State should produce the MP and clarify his detention status. At the time of the hearing, the military had not filed a response to the habeas corpus application.
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