The State has strongly opposed a bail application filed by the former Butambala County Member of Parliament, Mr. Muhammad Muwanga Kivumbi, and 24 co-accused individuals who are currently facing grave charges of terrorism.
The prosecution team arguments-delivered via a sworn affidavit-asserted that criminal investigations into the matter are still active, warning that the applicants are highly likely to interfere with state witnesses and jeopardise the judicial process if they are released back into the public.
The high-stakes bail hearing proceeded on Monday before Justice Susan Okalany at the International Crimes Division (ICD) of the High Court in Kampala.
The session was marked by an unusual turn of events when state attorneys failed to appear on time. The court learned that the prosecutors were tied up attending separate, high-profile proceedings in a treason case involving veteran opposition politician, Dr. Kizza Besigye, at the main division of the High Court.
Although the prosecution had communicated that they would arrive by 11:00 am, the courtroom clock struck midday without any sign of the state representatives. Refusing to let the judicial machinery grind to a halt, Justice Okalany chose to forge ahead.
‘We can proceed. They will find us along the way,’ Justice Okalany ruled, allowing the defense team to formally present their submissions.
Despite the physical absence of the state attorneys, the court provided the defence team with a copy of the State’s affidavit opposing the bail. The document was sworn by Detective Assistant Superintendent of Police (DASP) Johnmary Luwebuga, an investigating officer attached to Butambala Police Station.
Leading the defence team, prominent lawyer and Member of Parliament Medard Sseggona launched a scathing attack on the State’s written response, characterising it as lazy, generic, and completely detached from reality.
‘Mr. Luwebuga’s response is a mere ‘cut-and-paste’ job that is the exact same for all the applicants,’ Mr. Sseggona told the court, arguing that the omnibus rejection failed to address the unique circumstances of each individual suspect.
Mr. Sseggona further pointed out glaring contradictions in the prosecution’s paperwork regarding the residence of the accused persons.
‘The State claims that the applicants lack fixed places of abode, yet those very residential places are explicitly indicated on the state’s own charge sheet. That position is fundamentally contradictory and self-defeating,’ Sseggona submitted.
The defence stalwart also challenged the assertion that the accused persons would intimidate or compromise witnesses. He argued that the investigating officer had failed to lay even a shred of empirical evidence before the court to prove that any of the applicants had a history or intent of witness tampering.
In his affidavit, DASP Luwebuga implored the court to throw out the application, insisting it entirely lacked merit. He maintained that the volatile nature of the Butambala criminal case required the suspects to remain under lock and key.
‘The applicants will interfere with ongoing investigations and witnesses if this application is granted,’ Luwebuga’s affidavit read in part.
The investigating officer further contended that the applicants had failed to prove they owned established businesses or fixed residences, despite what they swore in their own affidavits. He also took issue with the sureties presented by the defense, labeling them “unsuitable” and warning that the accused persons are heavy flight risks who would likely abscond from justice.
In a highly personal twist, the State explicitly disputed Mr Kivumbi’s self-description as a law-abiding citizen and statesman.
‘It is not true that the applicant is a statesman,’ Luwebuga’s affidavit stated, adding that the former legislator is no longer the sitting MP for Butambala County, nor does he still chair Parliament’s influential Committee on Commissions, Statutory Authorities and State Enterprises (COSASE).
The State concluded that the heavy criminal charges strictly arose from the applicants’ alleged direct participation in lawless activities, urging the court to deny them freedom in the interest of public safety.
The applicants, who have been languishing on remand at Kitalya Mini Max Prison, Naguru Remand Home, and Luzira Women’s Prison, are seeking temporary freedom pending their trial.
Through their lawyers, they argue that they possess deep community ties, have substantial sureties, and have already spent months on remand without the prosecution formally committing their file to the High Court for trial.
The group was arrested following a wave of post-election violence that rocked Butambala District in January 2026. According to the prosecution, Kivumbi and his co-accused allegedly orchestrated coordinated, bloody attacks on Kibibi Police Station and the Butambala Electoral Commission tally centre between January 11 and January 17, 2026.
The state alleges the attacks were designed to intimidate the government for political or economic motives, resulting in the tragic deaths of seven people.
Hearing of the bail application continues.