Court gives security agencies seven days to trace Kivumbi
According to the judge, the course better serves the objective of the writ of habeas corpus than issuing an order that may not achieve its intended legal purpose.
Former Butambala County MP Muwanga Kivumbi. (File)
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The High Court in Kampala has given security agencies seven days to establish the whereabouts of former Butambala County MP Muwanga Kivumbi, who is alleged to have been abducted by security operatives at a police checkpoint in Mpigi district.
In a ruling delivered July 22, Justice Collins Acellam of the Civil Division of the High Court directed the Inspector General of Police, Chief of Defence Forces and the Attorney General to investigate Kivumbi’s whereabouts and file an affidavit in court detailing the outcome.
“Since the applicant’s whereabouts remain unknown, and 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,” the judge said.
According to the judge, the course better serves the objective of the writ of habeas corpus than issuing an order that may not achieve its intended legal purpose.
Acellam noted that the 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.
The judge made the order in a habeas corpus application filed by Kivumbi, seeking an order compelling those allegedly holding him to produce him before court or secure his immediate and unconditional release.
Acellam said he could not issue the writ at this stage because Kivumbi's whereabouts and the person or authority allegedly responsible for his detention had not been established.
The matter has been fixed for mention and hearing on July 29 at 9:00am.
In an affidavit filed before the Civil Division of the High Court on Tuesday, the Police contend that there is no evidence to show that Kivumbi, who is also the National Unity Platform (NUP) vice-president for the central region, is in their custody.
Assistant Commissioner of Police Godwin Tumugumye swore the affidavit on behalf of the Inspector General of Police (IGP), Abas Byakagaba.
"Whereas it is true that the applicant's motor vehicle was stopped at a police checkpoint, he was not arrested, abducted or detained by Police," said Tumugumye.
Kivumbi was reportedly re-arrested 12 days ago by unidentified armed men who allegedly whisked him away in a waiting van commonly referred to as a “drone”.
The alleged re-arrest occurred after he secured a cash bail of sh10 million before International Crimes Division Court Judge Susan Okalany.
Justice Okalany granted bail to Kivumbi and his 16 co-accused, who face terrorism charges arising from an alleged attack on a police station and a polling station in Mpigi district during the January 2026 general elections.
Prosecution alleges that seven people died during the violence. Before being granted bail, Kivumbi had spent about six months on remand.
Police said enquiries 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 argued that Kivumbi's lawyers, led by Samuel Muyizzi, have failed to provide documentary evidence showing that the Police are holding him.