KAMPALA. A magistrates Court in Uganda’s capital , Kampala has dismissed a mandatory bail application by opposition National Unity Platform (NUP) members Edward Ssebufu, known as Eddie Mutwe, and Achileo Kivumbi, citing lack of jurisdiction to hear the case.
Kivumbi serves as the civilian head of opposition leader Robert Kyagulanyi, also known as Bobi Wine’s, security, alongside Eddie Mutwe.
Delivering the ruling on Wednesday, Kawempe Grade Two Magistrate Steven Waidhuuba said although the two accused had spent more than 60 days on remand without trial, his court could not entertain their application.
“The applicants have been on remand for 68 days without the commencement of trial and the Constitution mandates that such persons are released unconditionally,” Magistrate Waidhuuba noted.
“However, this court has no jurisdiction to grant the application since the matter is before another magistrate who is currently indisposed.”
The magistrate explained that Article 23(6) (b) of the Constitution provides for the release of an accused person on bail if they have been remanded beyond the prescribed period before trial begins.
However, he added that such release must be made by the magistrate before whom the case is pending.
“The court agrees with the submissions of the defence counsel that this is a human rights matter, but the law equally provides that the application should be placed before the magistrate handling the trial. Therefore, the application is dismissed, and the applicants are advised to reapply before the trial magistrate when she returns from leave,” Mr Waidhuuba ruled.
He informed the defence that the available dates in the trial magistrate’s diary were November 18, 2025.
During the hearing, defence lawyer Samuel Muyiizi argued that the accused were entitled to mandatory release since they had been on remand since August 14, 2025.
“Once 60 days lapse without commencement of trial, court is under duty to release the accused. The applicants are presumed innocent and cannot continue to suffer on remand for failure by the prosecution to commence trial,” Mr Muyiizi submitted.
He added that the trial magistrate, Damalie Agumansiimwe, was too ill to preside over the proceedings and that the defence had been unable to present sureties during previous Zoom session due to technical challenges.
“The only duty of this court is to set the terms for mandatory bail as the two men are entitled to it,” Mr Muyiizi argued.
However, State Attorney Sharon Nambuya, assisted by Bruce Twongirwe, opposed the application, arguing that the court had no jurisdiction to hear the case.
“The trial magistrate made a ruling on October 3 denying bail. Since she is on leave, the accused can only seek a review of that decision and not file a fresh application,” Ms Nambuya submitted.
The magistrate agreed with the state’s position and dismissed the application.
Background
Ssebufu, Kivumbi, and eight others, including Calvin Tasi, Doreen Kaija, and Alex Waiswa Mufumbiro, are charged with unlawful drilling contrary to Section 45 of the Penal Code Act.
Prosecution alleges that they conducted military-style training at the NUP offices in Makerere–Kavule, Kampala, without authorization from the Minister of Internal Affairs.
The group, all NUP leaders and supporters, were first denied bail by Magistrate Agumansiimwe earlier in October. They have been on remand at Luzira Prison since their first arraignment in August 2025.