The High Court in Kampala has directed the government to conclude investigations into the whereabouts of former Butambala County Member of Parliament Muhammad Muwanga Kivumbi before determining his application for a writ of habeas corpus seeking his production and unconditional release.
In a ruling delivered on Wednesday, Justice Collins Acellam ordered the Chief of Defence Forces (CDF), the Inspector General of Police (IGP), and the Attorney General to file an affidavit within seven days detailing the outcome of investigations into Kivumbi’s whereabouts. The matter was adjourned to July 29, 2026, for further hearing.
The application, filed under the Human Rights (Enforcement) Act and the Judicature (Habeas Corpus) Rules, seeks an order compelling security agency to produce Kivumbi before court and secure his immediate release.
According to court records, Kivumbi, a civilian and former legislator, was allegedly abducted on July 10, 2026, at a police checkpoint in Mpigi shortly after being granted bail by the High Court.
His lawyers, led by Samuel Muyizzi Mulindwa, contend that unidentified armed men, believed to be military operatives and allegedly assisted by police officers, arrested Kivumbi without a warrant, failed to identify themselves, did not inform him of any charges, and have since held him incommunicado without access to his family, lawyers or medical care.
Kivumbi was reportedly re-arrested two days after securing Shs10 million cash bail before the International Crimes Division of the High Court.
Justice Susan Okalany granted him bail together with 16 co-accused persons facing terrorism charges arising from the alleged attack on Kibibi Police Station and violence that occurred in Butambala District during the January 2026 general elections. Before being released on bail, Kivumbi had spent about six months on remand.
The respondents, however, denied any involvement in his alleged disappearance.
In an affidavit sworn by Assistant Commissioner of Police Godwin Tumugumye, the Uganda Police Force stated that it neither arrested nor detained Kivumbi and that no police records indicate he is being held in police custody.
Police acknowledged that Kivumbi’s vehicle was stopped at a checkpoint but maintained that investigations conducted across relevant police units and stations found no evidence linking the force to his disappearance.
The respondents argued that a writ of habeas corpus can only be issued where there is credible evidence that the person concerned is being unlawfully detained by the respondents.
In response, Kivumbi’s brother, Hajji Musa Lutaaya, told the court that he was travelling with the former MP when the incident occurred.
He alleged that police officers at the checkpoint assisted military personnel in forcing Kivumbi into another vehicle before driving him to an unknown destination.
Lutaaya further claimed that Kivumbi was later taken to Bombo Military Hospital in critical condition after allegedly being tortured by his captors.
In his ruling, Justice Acellam emphasized that the writ of habeas corpus is a constitutional safeguard intended to protect personal liberty by requiring the authority holding a detainee to produce that person before court so that the legality of the detention can be examined.
He noted that the remedy is specifically designed to address unlawful detention and not every alleged violation of constitutional rights.
The judge cited Constitutional Reference No. 7 of 1998, In the Matter of Sheikh Abdul Karim Sentamu and Another, which describes the writ as an important guarantee for the protection of personal liberty.
Justice Acellam observed that the evidence before the court indicates Kivumbi’s whereabouts remain unknown, while the Uganda Police Force has denied holding him in custody.
He held that issuing a writ of habeas corpus at this stage would be ineffective because the court has not established who is detaining Kivumbi or where he is being held.
“In my view, an order of habeas corpus would be ineffective at this stage if it cannot be directed to the person or authority required to produce the applicant. Since the applicant’s whereabouts remain unknown, and since the respondents have indicated their willingness to continue inquiries to establish where he is, it is prudent to allow them a limited opportunity to do so,” Justice Acellam ruled.
The court consequently directed the respondents to complete investigations into Kivumbi’s whereabouts and file an affidavit outlining their findings within seven days.
Kivumbi and his 16 co-accused are facing terrorism charges in which prosecutors allege they orchestrated attacks on Kibibi Police Station and the Butambala Electoral Commission tally centre during the January 2026 elections.
The prosecution alleges the attacks were intended to influence government actions and intimidate the public for political or economic objectives.
According to the charge sheet, the violence resulted in extensive damage to sections of the Butambala-Gomba Road and several vehicles, including a Toyota Land Cruiser (UBM 614Q), a Ford double-cabin (UBH 333U), a Subaru (UBQ 496Z), a Toyota Raum (UAV 378H) and a Toyota Spacio (UAQ 033X)
Seven people are alleged to have been killed during the attacks. They were identified as Sarah Naggayi, Aisha Nabukenya, Milly Nampereza, Ruth Nakanjako, Nsamu Abdulnoor, Shafik Miiro and Davis Basaliza.
Prosecutors contend that the alleged acts were prejudicial to national security and public safety and were carried out indiscriminately without regard for civilian life or property-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
