The High Court in Kampala has been asked to order for the production of a detained UPDF officer, Captain Amiss B. Ainebyona, who has allegedly been held incommunicado for nearly two years without trial.
The application, filed before the Civil Division, seeks a writ of habeas corpus on behalf of RO/13637 Capt. Amiss B. Ainebyona. The petition has been lodged by his father in law, Joseph Ssempijja Ddungu through M/s Moogi Brian & Co. Advocates.
In the notice of motion, the applicant is asking court to compel the Attorney General, the Chief of Defence Forces, the Joint Staff of Defence Intelligence and Security, and the Commandant of the UPDF Military Police Brigade to produce the officer before court and justify his continued detention.
According to an affidavit sworn by Ssempijja, Capt. Ainebyona, an active UPDF officer formerly attached to the Chieftaincy of Military Intelligence, disappeared in September 2024 after reporting to duty in Munyonyo, Kampala, and efforts by family members to trace him were initially unsuccessful.
The applicant states that relatives were later informed by colleagues that the officer had been picked up by military personnel for questioning over unspecified security concerns. However, his place of detention was not disclosed at the time.
Ssempijja says that the family remained hopeful that the officer would either be released or formally charged in a court of law. However, no such developments have since occurred.
The affidavit further reveals that in March 2026, the applicant received a phone call from Capt. Ainebyona, who reportedly disclosed that he had been held at the Makindye Military Police Detention Facility since September 6, 2024.
Upon visiting the facility, Ssempijja says he was granted access and confirmed that his son in law was indeed being held there. He also says he obtained a copy of a detention order indicating that the officer was being held on allegations of conduct prejudicial to good order and discipline.
The detention order, attached to the court documents, shows that it was issued under the authority of Major General James Birungi, who directed that Capt. Ainebyona be handed over to the Makindye Military Police for detention.
Despite this, the applicant contends that no formal charges have been filed against the officer in any court, military or civilian, for nearly two years.
Through his lawyers, Ssempijja argues that the prolonged detention without trial is unlawful, arbitrary, and unconstitutional, citing Article 23 of the 1995 Constitution which guarantees the right to personal liberty.
The application is holding the respondents accountable on grounds that the Attorney General represents government, while the Chief of Defence Forces and other military officials are responsible for actions carried out within UPDF structures, including detention facilities.
The family is now seeking a court order compelling authorities to produce Capt. Ainebyona and explain the legal basis of his detention, as well as costs of the application.
However, in response to the application, the Army, through an affidavit sworn by Lt. Col. Edgar Musasizi, Director Civil Affairs in the Joint Staff Legal Services Department of the Uganda People’s Defence Forces, states having read and understood the applicant’s claims but makes no admission to them and puts the applicant to strict proof.
He notes that the application is misconceived, lacks merit, abuse of court process, as it is based on unfounded allegations unsupported by credible evidence.
He confirms that RO/13637 Capt. Amis B. Ainebyona is a serving officer of the UPDF and is subject to its laws, rules, regulations, and disciplinary procedures.
Musasizi rejects as false and and misleading the allegation that the officer is missing, stating instead that he is under administrative detention arising from disciplinary matters being handled in accordance with UPDF procedures, for his own good and that of the institution.
He further states that the officer’s family is aware of his whereabouts, a fact he asserts is very well known to Ssempijja who is his father in law.
On that basis, he contends that the matters complained of relate to internal disciplinary and administrative processes of the UPDF and that the court is not the appropriate forum to determine them, adding that the affidavit is sworn in good faith to assist the court in establishing the truth.
Civil Division Judge Bernard Namanya is handling this case and has today fixed May 15th 2026 for ruling on the matter after getting information from both parties in this case.
The Evidence before the Court indictates that on September 6th 2024, Major General James Birungi the then Commander for the Chieftaincy of Military Intelligence -CMI now rebranded to DIS wrote to his counterpart at Makindye Military Police Headquarters in to receive and detain Captain Ainebyona on charges of conduct prejudicial to good order.
Little did Major General Birungi know that one year later he would also be handed to the same facility also for safe custody. Birungi has now spent about ten months without being produced in any courts of law to be formerly charged.
Birungi and Ainebyoona are not the only people who have been in detention without trial for long.
Last week, the General Court Martial remanded Brigadier General James Barigye Ruheesi on charges of diverting 270,000 litres of fuel for his personal interests, together with three other officers. Barigye had spent exactly a year in detention without trial, on orders of the Chief of Defense Forces General Muhoozi Kainerugaba-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com.
