Where Is Muwanga Kivumbi? Court Orders Security Chiefs to Complete Investigations

[00:00:00]The clock just give a brief >> to bail by the International War Crimes Division Court, where he was facing terrorism-related charges. Since then, his lawyers, family members, and friends say they don't know his whereabouts. His legal team subsequently filed a habeas corpus application before High Court Civil Division in Kampala seeking orders compelling the authorities to produce him before court or release him immediately if he's being held unlawfully.

[00:00:29]The application was filed against the Inspector General of Police, Abas Byakagaba, the Attorney General, and the Chief of Defense Forces, General Muhoozi Kainerugaba. In response, the Attorney General and the Inspector General of Police informed court that Muanga Kivumbi was not in their custody. They further stated that investigations are underway to establish his whereabouts, and that court will be informed once those investigations are complete. After considering submissions from all parties, Judge Collins Asimwe ordered the Inspector General of Police, the Attorney General, and the Chief of Defense Forces to conclude investigations into Muanga Kivumbi's whereabouts and report back to court.

[00:01:10]>> First, the Attorney General requested for 4 days, which we opposed on the 17th.

[00:01:16]But with that assurance from the Attorney General that, well, if you want us to to force us to proceed, yet we can have an answer, then what do you want? Because there was an indication that the ministers concerned that the Ministry of Justice Minister of Defense, Parliament were trying to work out a mechanism of seeing that this matter, the impasse in this issue, is resolved.

[00:01:41]>> The judge explained that although the application had sought a writ of habeas corpus, the court couldn't grant the order because the evidence presented didn't identify the specific person or authority in custody of Muanga Kivumbi.

[00:01:54]>> The duty of court is to compel government to bring the honorable Kyagulanyi's body at utmost speed. So, this issue of of failing to make a decision in time will affect applications of such a nature. But, if we get a result at the end of the day, the idea is what is the intention of our application and what is our wish. Our wish is to have the honorable Kyagulanyi.

[00:02:17]>> Judge Collins gave the Inspector General of Police, the Chief of Defense Forces, and the Attorney General 7 days to file their responses on the progress of the investigations. The matter will turn to court for mention on 29th July 2026.

[00:02:30]>> It is an emergency situation that will not call for unnecessary adjournments.

[00:02:38]But, when we start getting adjournments in of such a nature on matters of habeas corpus, we need to go back and establish why.

[00:02:51]If if the jurisprudence being developed today is proper in as far as such applications of such a nature concerned.

[00:03:00]>> The writ of habeas corpus is guaranteed under Article 44 of the 1995 Constitution of Uganda as amended and is among the non-derogable rights intended to safeguard personal liberty. It also enables court to inquire into the legality of a person's arrest or detention and to require the authority holding that person to produce them before court. The remedy is commonly invoked where a person is alleged to be unlawfully detained, held without charge, denied due process, or kept incommunicado. However, it is not available for every alleged violation of rights, including complaints that relate solely to the fairness of a trial.

[00:03:40]Deborah Namawande, UBC News.