The Kawempe-Kanyanya Chief Magistrate’s Court has denied a mandatory bail application by National Unity Platform (NUP) deputy spokesperson Alex Waiswa Mufumbiro, ruling that public interest concerns outweighed his entitlement to release after more than 60 days on remand.
In a decision delivered on Friday, acting Chief Magistrate Doreen Ainembabazi acknowledged that Mufumbiro had met the constitutional requirements for mandatory bail because his trial had not started within the prescribed period. However, she found that the prosecution had presented sufficient grounds to justify his continued detention.
Mufumbiro is facing a charge of incitement to violence under Section 21(1) of the Penal Code Act. He was remanded on 27 February 2026 and had spent more than two months in custody when his application was heard.
The case was initially dismissed by the Nakawa Chief Magistrate’s Court after it was filed outside the jurisdiction where the alleged offence was committed. Prosecutors later refiled the matter before the Kawempe-Kanyanya court.
Represented by lawyers led by Samuel Muyizzi Mulindwa and Kato Tumusiime, Mufumbiro argued that both Article 23 of the Constitution and Section 76 of the Magistrates Courts Act entitled him to mandatory bail because he had remained on remand for more than 60 days without trial.
The defence told the court that Mufumbiro, who is also a lawyer, understood his legal obligations and could be trusted to return for trial whenever required.
His legal team presented three sureties: his father, retired chief magistrate and advocate Moses Baligeya Mufumbiro; his brother, Kenneth Wilson Kato; and his in-law, Richard Kazibwe Semakula, who serves as an LC I chairperson.
Lawyers also urged the court to consider his personal circumstances, noting that he recently lost his wife and is the sole surviving parent of eight children.
Another defence lawyer, Alex Luganda, argued that the presumption of innocence and the right to liberty should guide the court’s decision, saying bail should only be denied on legally justified grounds.
State prosecutors Bruce Twongeirwe, Godfrey Mutawo and Ingrid Ogwang opposed the application. While acknowledging that Mufumbiro had satisfied the 60-day remand requirement, they argued that the court retained discretion to refuse bail where public interest issues arise.
The prosecution said it was ready to begin the trial, had already disclosed evidence to the defence and had brought a witness prepared to testify. Prosecutors also cited concerns relating to public security and witness protection.
In her ruling, Ainembabazi said the Constitution and the Magistrates Courts Act provide for mandatory bail after prolonged detention but allow courts to deny release where necessary to protect the public and ensure the proper administration of justice.
She noted that Mufumbiro had demonstrated eligibility for bail and produced credible sureties.
However, the magistrate ruled that the prosecution had shown adequate justification for his continued detention.
“The prosecution demonstrated their readiness to commence the hearing of the case by producing a witness in court and making efforts to disclose to the accused,” Ainembabazi ruled.
She added that concerns about witness protection, public order and broader public interest outweighed the case for release.
“Taking into consideration the gravity of the offence, the need to preserve public order, protection of the witness and public interest concerns, I am inclined to deny the accused bail at this time,” the magistrate stated.
The court consequently dismissed the application and ordered that Mufumbiro remain on remand pending the start of his trial.
Mufumbiro also faces a separate case before the same court, in which he and several other NUP supporters, including Edward Ssebuufu, popularly known as Eddie Mutwe, are accused of participating in unlawful military drills.
As a result, even if bail had been granted in the incitement case, he would have remained in custody because of the separate proceedings
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