Two of MP Kivumbi’s co-accused remanded to Naguru Remand Home

BUTAMBALA - Butambala Chief Magistrates' Court has remanded two suspects in a terrorism case to Naguru Juvenile Remand Home after radiologists confirmed that they are underage and not fit to be confined in prison.

The Kampala-based facility, also known as Naguru Remand Home, is an institution providing custody for juvenile offenders, who may be committed by the court for temporary detention.  

Earlier today, (March 31) Muwanga Kivumbi, the Butambala Constituency Member of Parliament and his 24 other co-accused appeared before Chief Magistrate Deogratious Ssejemba, for further mention of their terrorism charges.

On 10th March, when the suspects last appeared, issues regarding underage suspects were raised. The defence team, led by Erias Lukwago and Medard Lubega Sseggona, asked court to grant the accused bail, saying that they were being detained in Kitalya Prison, which is against the law.

Magistrate Ssejemba directed the prison authorities to examine the two suspects to ascertain their true age.

The findings from the medical examination, as presented in the court proceedings led by the Assistant Superintendent of Prisons Nicholas Katushabe, attached to Kitalya Prisons, conducted by special radiologists from Mulago National Referral Hospital, revealed that only one of the suspects was found to be under the age of 18, and the other suspect was 18 years old.

During the session, a woman rose from her seat and told court that her son was actually 17 years and not 18 years as the examination findings revealed.

MP Muwanga Kivumbi being led to the court room at Butambala Chief Magistrate Court. (Credit: Simon Ssekidde)

She asked court to carry out another medical examination on her son, saying that she was ready to meet the medical costs.

The Magistrate had earlier observed that the date on the documents on which the examination was conducted indicated February 18, yet he issued the directive on March 10th.

Defence lawyers led by Samuel Muyizi Mulindwa had asked court to grant bail to the suspects, believed to be juveniles, to come from home to hear proceedings, citing the Children's Act, which provides for the rights of the juveniles being tried before courts.

"As the state finalises its investigations in this case, we ask court to grant the underage juveniles bail to come from home, to attend proceedings,” Muyizi requested.

Prosecution, however, objected to the bail application saying that he had no sureties like his biological parents to guarantee to court that he will be produced before court whenever he is needed and that since there were no substantial sureties in court, releasing him would be hard to trace him in case he doesn't appear again.

Court halted proceedings for close to forty minutes to allow the presiding Magistrate to prepare his ruling on the bail application for the said underage juvenile suspects.

The Chief Magistrate, in his ruling, declined to grant bail to the juveniles, saying that the circumstances under which they were arrested arose out of political disputes, and there is no proof that the political temperatures had calmed down.

He ruled that he would be removed from Kitalya prisons and transferred to Naguru Remand Home.

Court also directed that even the second suspect be transferred to  Naguru, Juvenile Remand Home, till April 14 this year, when court will sit again to receive evidence from his mother regarding his age, adjourning the case to April 14, 2026.