The Director of Prosecutions of the Uganda People’s Defence Forces (UPDF) has opposed the bail application of the National Unity Platform (NUP) head of security, Achileo Kivumbi, during a session at the General Court Martial in Kampala. Kivumbi, who has been in custody since early August 2024, is facing charges of unlawful possession of defense stores, an offense that could result in a life sentence if convicted.
Kivumbi, 42, has been remanded at Luzira Prison for over a month. According to the UPDF Act, Cap 330, sections 158 (1) (2), and (C), possession of defense stores without authorization is a serious offense under Ugandan law. The General Court Martial at Makindye, where the case is being heard, has the authority to determine whether bail can be granted, considering Kivumbi’s claim that he has reliable sureties and that the offense he is charged with is bailable.
In his bid for release, Kivumbi presented three sureties: his wife, Madinah Nabukenya, a nurse; his sister, Francis Nakiganda Kivumbi; and his friend, Kasim Jjumba, a local leader in the Nabweru Division of Wakiso District. His lawyer, Shamim Malende, who also serves as the Kampala District Member of Parliament, argued that these sureties were sufficient for the court to grant bail. Malende emphasized that Kivumbi’s constitutional right to bail should be respected, noting that he has a stable residence and is a law-abiding citizen.
However, the prosecution, led by Lt. Gift Mubehamwe, opposed the bail application. Mubehamwe argued that Kivumbi had not provided substantial sureties, and that granting him bail would risk interference with state witnesses. According to the prosecution, Kivumbi’s release could hinder the ongoing case, which is already scheduled for a hearing. Furthermore, the prosecution expressed concern that Kivumbi might not comply with the conditions of bail.
The state’s position was supported by an affidavit from Lt. Elly Musinguzi, an investigator at the Special Investigations Branch of the Chieftaincy of Defence Intelligence and Security. Musinguzi, who was involved in investigating the charges against Kivumbi, claimed that there was a likelihood of witness interference if the accused were to be released.
In response, Malende refuted the prosecution’s assertions. She insisted that her client had no intention of interfering with any witnesses, emphasizing that he is a responsible individual with a permanent residence. Malende reiterated her earlier plea for the court to find Kivumbi’s sureties substantial and release him on bail under favorable conditions.
The General Court Martial, presided over by Brig. Gen. Robert Freeman Mugabe, considered both sides’ arguments and adjourned the case. A ruling on whether Kivumbi will be granted bail is expected on October 21, 2024.
The charges against Kivumbi stem from an incident that occurred on August 3, 2024, in Nansana municipality, Wakiso District. According to the prosecution, Kivumbi was found in possession of a pair of Lieutenant Colonel pips, which are classified as defense stores. The discovery led to his arrest and subsequent legal proceedings.
This case has drawn attention due to Kivumbi’s prominent role in the opposition party, National Unity Platform, and his position as head of security at the party’s headquarters in Makerere Kavule, Kawempe Division in Kampala.
