KAMPALA — The Uganda People’s Defence Forces (UPDF) has denied holding opposition politician Muhammad Muwanga Kivumbi. The army told the High Court that searches of military detention facilities found no trace of him.
The denial comes as concern over Kivumbi’s whereabouts continues to grow. His family and lawyers say they have been unable to establish where he is, nearly three weeks after he was reportedly taken by armed security personnel.
The UPDF stated its position in an affidavit filed before the High Court Civil Division in Kampala. The affidavit was filed in response to a habeas corpus application seeking an order requiring authorities to produce Kivumbi in court.
UPDF says Kivumbi is not in military custody.
Lt. Col. Edgar Musasizi, the UPDF Director of Civil Affairs at the Ministry of Defence and Veteran Affairs, swore the affidavit on behalf of the Chief of Defence Forces.
Related: Muhammad Muwanga Kivumbi Granted Bail After 169 Days on remand
Musasizi acknowledged that the International Crimes Division of the High Court had granted Kivumbi bail but rejected claims that UPDF personnel subsequently seized or detained him.
According to the army, there is not enough evidence linking the reported incident to the UPDF.
Musasizi acknowledged that the International Crimes Division of the High Court had granted Kivumbi bail. However, he rejected claims that UPDF personnel later seized or detained him.
He further said there were no documents, witness statements or other materials linking the UPDF or the Chief of Defence Forces to Kivumbi’s disappearance.
The army also rejected allegations that Kivumbi is being held incommunicado at a military facility.
‘I have personally cross-checked with all gazetted detention facilities under the control of the Uganda People’s Defence Forces,’ Musasizi said. He added that Kivumbi was not and had never been in UPDF custody.
Also Read: Muwanga Kivumbi and 23 Others Seek Bail in Terrorism case
Army asks court to dismiss case.
The UPDF has asked the High Court to dismiss Kivumbi’s habeas corpus application with costs.
Musasizi argued that such an order should only be issued when credible evidence shows that the person being sought is in the respondent’s custody.
The army described the application as misconceived, lacking merit and an abuse of the court process.
The UPDF’s position puts it at odds with Kivumbi’s family and lawyers. They maintain that security personnel were responsible for his disappearance.
Kivumbi disappeared after being granted bail.
Kivumbi reportedly went missing on July 10, shortly after the International Crimes Division of the High Court granted him bail.
He had spent about six months on remand over terrorism-related charges.
According to accounts from his supporters and lawyers, security personnel intercepted him near Mpigi Police Station as he travelled towards Kampala.
His family has since said they have been unable to establish his location or gain access to him.
Authorities have not publicly identified the security agency allegedly responsible for taking him.
The court orders an investigation into his whereabouts.
The High Court had earlier directed security agencies to investigate Kivumbi’s whereabouts. The agencies were also ordered to file an affidavit explaining their findings within seven days.
The case returned to court on July 29 as the legal battle over his whereabouts continued.
Police have also not provided a clear public explanation of Kivumbi’s whereabouts.
Earlier on Monday, police spokesperson Kituuma Rusoke declined to give journalists a substantive response when asked about Kivumbi.
Rusoke said he would address the matter at the appropriate time.
Family still waiting for answers
The latest developments have left Kivumbi’s whereabouts unresolved. Security agencies and his family continue to give conflicting accounts.
The UPDF says Kivumbi is not being held in any of its gazetted detention facilities. However, his relatives and lawyers continue to demand information about his location and condition.
Human Rights Watch has also urged Ugandan authorities to disclose Kivumbi’s whereabouts. The organisation cited concerns over the lack of contact with him since his reported seizure.
For now, the central question remains unanswered: where is Muwanga Kivumbi, and who is responsible for his custody?
The ongoing proceedings are expected to shed more light on his disappearance. They may also clarify the authorities’ responsibility to account for his whereabouts.
written by @enock katamba
- Enock Katamba is a Ugandan Journalist and Founder of Uncovered UG, an independent digital news platform covering Uganda and international developments. He reports on politics, national affairs, entertainment, sports, business, education and other stories of public interest.
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