The Chief Magistrate’s Court at Kawempe-Kanyanya denied a mandatory bail application filed by jailed National Unity Platform’s Deputy Party Spokesperson, Alex Waiswa Mufumbiro, who is facing charges of incitement to violence. In a ruling delivered on Friday, Acting Chief Magistrate Doreen Ainembabazi held that although Mufumbiro had fulfilled the constitutional requirement for mandatory bail by spending more than 60 days on remand without trial, public interest considerations justified his continued detention.
Mufumbiro is charged with one count of incitement to violence contrary to Section 21(1) of the Penal Code Act. He was remanded on February 27, 2026, and had been in custody for over 60 days by the time his application was heard. The case was dismissed in Nakawa Court for lack of jurisdiction as it had been filed in the wrong court, not near where the crime had reportedly been committed.
The same dismissed case was days later instituted afresh before the Kanyanya-based Court, located in opposition to NUP’s stronghold. Through a team of lawyers led by Samuel Muyizzi Mulindwa and Kato Tumusiime, the accused argued that Article 23 of the Constitution and Section 76 of the Magistrates Courts Act entitled him to mandatory bail since the trial had not commenced within the prescribed period.
The defence maintained that the law requires a court to release an accused person who has remained on remand for more than 60 days in matters triable by subordinate courts, unless exceptional circumstances are established.
Muyizzi told the court that Mufumbiro, a lawyer and political leader, understood his obligations under bail and can be trusted to return for trial as and when needed. The defence also presented three sureties, including the accused’s father, retired Chief Magistrate and advocate Moses Baligeya Mufumbiro, his brother Kenneth Wilson Kato, and his in-law Richard Kazibwe Semakula, who is also an LC1 chairperson.
The defence further appealed to the court to consider Mufumbiro’s family circumstances, noting that he recently lost his wife and is the sole surviving parent of eight children.Lawyer Alex Luganda argued that the constitutional presumption of innocence and the right to personal liberty should guide the court’s decision. He submitted that courts have a duty to safeguard individual freedoms and should only deny bail for legally justifiable reasons.
However, the prosecution, represented by State Attorneys Bruce Twongeirwe, Godfrey Mutawo, and Ingrid Ogwang, opposed the application.
Twongeirwe acknowledged the personal challenges facing the accused but argued that criminal proceedings must be determined based on law rather than sympathy. He maintained that although the accused had satisfied the 60-day remand requirement, the court retained discretion to deny bail where public interest considerations are demanded.
The prosecution told the court that it was ready to commence trial, had already disclosed evidence to the defence, and had produced a witness ready to testify. It further argued that the charges carried significant implications for public security and that there were concerns regarding witness protection and the public interest.
In her ruling, Ainembabazi has observed that both the Constitution and the Magistrates’ Courts Act provide for mandatory bail after prolonged remand. However, she noted that the law also allows courts to deny release where it is necessary for the protection of the public.
The magistrate noted that while the right to liberty is fundamental, it must be balanced against public interest and the proper administration of justice. She found that Mufumbiro had successfully demonstrated eligibility for mandatory bail and had presented substantial sureties capable of ensuring his attendance in court.
She concluded that the prosecution had advanced compelling reasons to justify Mufumbiro’s 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 relating to witness safety, public order, and public interest outweighed the accused’s claim for release at this stage of the proceedings.
“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.
Consequently, the court has dismissed the application and ordered that Mufumbiro remain on remand as preparations for the commencement of the trial continue. Mufumbiro has two separate case files before this same Court.
Another involves charges of engaging himself in illegal military drilling together with Bobi Wine’s bodyguards, such as Eddie Mutwe, Calvin Tasi, Acleo Kivumbi, and others, including Olivia Lutaaya and Saudah Madada, among others. Even if he had secured bail on one file, he would still go back to prison on another-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
