Police denies holding former MP Kivumbi
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 to the application.
Kivumbi was reportedly re-arrested 12 days ago by unidentified armed men believed to be state operatives, who allegedly whisked him away in a waiting van commonly referred to as a “drone.”
KAMPALA - Police have denied holding former Butambala County Member of Parliament Muhammad Muwanga Kivumbi and asked the High Court in Kampala to dismiss an application seeking his production in court and unconditional release from their custody.
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 vice-president for the Central Region, is in their custody.
The affidavit was sworn by Assistant Commissioner of Police Godwin Tumugumye 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 check point, he was not arrested, abducted or detained by Police, " Tumugumye stated.
Justice Collins Acellam of the Civil Division of the High Court is today expected to deliver a ruling on the application to produce Kivumbi dead or alive (application for writ of habeas corpus) through the Electronic Court Case Management Information System (ECCMIS).
In his affidavit, Tumugumye stated that the Police did not detain Kivumbi following his release on bail and that there is no record showing he is being held in police custody.
The alleged re-arrest occurred after he secured a cash bail of sh10m before International Crimes Division Court Judge Susan Okalany.
Justice Okalany granted bail to Kivumbi and his16 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.
However, the 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.
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 to the application.
Kivumbi's 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, Haji Musa Lutaaya, Kivumbi was granted bail by the International Crimes Division of the High Court on July 9, 2026, where he is facing terrorism-related charges.
Lutaaya contended that after spending the night at his ancestral home in Butambala District, Kivumbi was intercepted the following day at a police checkpoint near Mpigi while travelling back to Kampala.
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.
Lutaaya further argued that Kivumbi 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.
Lutaaya is asking the High Court to issue a writ of habeas corpus compelling the respondents to produce Kivumbi before court and order his immediate and unconditional release.