UPDATE: IGP BYAKAGABA SEEKS DISMISSAL OF KIVUMBI HABEAS CORPUS CASE

Former Butambala County MP Muwanga Kivumbi at the International Crimes Division of the High Court in Kampala.

URN

The Inspector General of Police (IGP) has asked the High Court in Kampala to dismiss an application seeking the production and unconditional release of former Butambala County Member of Parliament and National Unity Platform (NUP) Vice President for Central Region, Muhammad Muwanga Kivumbi.

In a response filed before the Civil Division of the High Court, the IGP argues that there is no evidence that Muwanga Kivumbi is in police custody.The response is contained in an affidavit sworn by Assistant Commissioner of Police (ACP) Godwin Tumugumye on behalf of the IGP and filed before Justice Collins Acellam.

The matter came up for hearing on Tuesday, and the court reserved its ruling, which is expected to be delivered through the Electronic Court Case Management Information System (ECCMIS) on Wednesday.

In his affidavit, ACP Tumugumye states that the Uganda Police Force neither arrested nor detained Muwanga Kivumbi following his release on bail and that there is no record showing he is being held in police custody.

Muwanga Kivumbi was reportedly re-arrested 11 days ago by unidentified armed men believed to be state operatives, who allegedly whisked him away in an unmarked van commonly referred to as a “drone.” The alleged re-arrest occurred two days after he secured a cash bail of Shs10 million before International Crimes Division Judge Susan Okalany.

Justice Okalany granted bail to Muwanga Kivumbi and 16 co-accused persons facing terrorism charges arising from an alleged attack on a police station and a polling station in Mpigi District during the January 2026 general elections.

The prosecution alleges that seven people died during the violence at his home. Before being granted bail, Muwanga Kivumbi had spent about six months on remand.

However, the police say inquiries conducted at relevant police units and stations found no record of the former legislator’s arrest or detention from July 10, 2026, to date.

The police further argue that Muwanga Kivumbi has failed to provide documentary, testimonial, or any other evidence showing that the Inspector General of Police has him in custody. They contend that a writ of habeas corpus can only be issued where there is credible evidence that the respondent is unlawfully detaining the person concerned.

The IGP, Abas Byakagaba, has asked the court to dismiss the application against him with costs.

Court heard that while the IGP filed a response opposing the application, the Chief of Defence Forces (CDF), who is also named as a respondent, had not filed a reply by the close of the hearing.

Muwanga Kivumbi, through his lawyers, filed the application under the Human Rights (Enforcement) Act, the Judicature Act, and the Constitution, seeking a writ of habeas corpus directing the respondents to produce him before court and secure his unconditional release.

According to the application, which is supported by an affidavit sworn by his elder brother, Hajji Musa Lutaaya, Muwanga Kivumbi was granted bail by the International Crimes Division of the High Court on July 9, 2026, where he is facing terrorism-related charges.

The applicants contend that after spending the night at his ancestral home in Butambala District, Muwanga Kivumbi was intercepted the following day at a police checkpoint near Mpigi while travelling back to Kampala.

They allege that uniformed and plain-clothed military personnel forcibly removed him from his vehicle and drove him away in an unmarked military van, commonly referred to as a “drone,” to an undisclosed location.

According to the application, the officers neither identified themselves, presented a warrant of arrest, nor informed him of any charges before allegedly taking him into custody.

The applicants further argue that Muwanga Kivumbi, a civilian, has since been held incommunicado without access to his family, lawyers, or medical personnel and has not been produced before any court within the 48-hour constitutional period prescribed under Article 23 of the Constitution.

They are asking the High Court to issue a writ of habeas corpus compelling the respondents to produce Muwanga Kivumbi before court and order his immediate and unconditional release if his detention is found to be unlawful.

According to the charge sheet in the original case, Muwanga Kivumbi is accused of orchestrating attacks on Kibibi Police Station and the Butambala Electoral Commission tally centre.

Prosecutors allege that the attacks were intended to influence government actions and intimidate the public for political or economic objectives.

The prosecution further alleges that the attacks caused extensive damage to sections of the Butambala-Gomba Road and several vehicles, including a Toyota Land Cruiser, a Ford double-cabin pickup, a Subaru, a Toyota Raum, and a Toyota Spacio.

Seven people are reported to have died in the violence. They were identified as Sarah Naggayi, Aisha Nabukenya, Milly Nampereza, Ruth Nakanjako, Nsamu Abdulnoor, Shafik Miiro, and Davis Basaliza.

The prosecution describes the alleged acts as prejudicial to national security and public safety, arguing that they were carried out indiscriminately and without regard for civilian life or property.