KAMPALA, Uganda – Uganda Police have denied detaining former Butambala County Member of Parliament Muhammad Muwanga Kivumbi, asking the High Court to dismiss an application seeking his production in court and unconditional release.
In an affidavit filed before the Civil Division of the High Court, Assistant Commissioner of Police Godwin Tumugumye, acting on behalf of Inspector General of Police Abas Byakagaba, said there is no evidence that Kivumbi is in police custody.
Tumugumye stated that although Kivumbi’s vehicle was stopped at a police checkpoint, he was neither arrested, abducted nor detained by the police.
“Whereas it is true that the applicant’s motor vehicle was stopped at a police checkpoint, he was not arrested, abducted or detained by Police,” the affidavit states.
The affidavit further says police inquiries conducted at relevant stations and units found no record indicating that Kivumbi had been arrested or detained from July 10, 2026, to date.
Police also argued that Kivumbi’s legal team, led by lawyer Samuel Muyizzi, had not presented documentary evidence proving that the former legislator is being held by the force.
According to Tumugumye, a writ of habeas corpus can only be issued where there is credible evidence that a person is being unlawfully detained by the respondent.
Justice Collins Acellam of the Civil Division is expected to deliver a ruling on the habeas corpus application through the Electronic Court Case Management Information System (ECCMIS).
The application was filed after Kivumbi reportedly disappeared shortly after securing bail in a terrorism case.
Kivumbi, who also serves as the National Unity Platform (NUP) Vice President for the Central Region, was allegedly re-arrested about 12 days ago by unidentified armed men believed to be state operatives. According to his lawyers and family, he was forced into a waiting van, commonly known as a “drone,” a day after his release on bail.
He had been granted a Shs10 million cash bail by International Crimes Division Judge Susan Okalany, alongside 16 co-accused persons facing terrorism charges linked to alleged attacks on a police station and a polling station in Mpigi District during the January 2026 general elections.
Prosecutors claim seven people died during the violence. Before being granted bail, Kivumbi had spent nearly six months on remand.
In the habeas corpus application, Kivumbi’s lawyers cite the Human Rights (Enforcement) Act, the Judicature Act and the Constitution, seeking orders compelling security agencies to produce him before court and release him unconditionally if he is being held.
The application is supported by an affidavit sworn by Kivumbi’s elder brother, Haji Musa Lutaaya, who says the former MP spent the night at his ancestral home in Butambala after being released on bail before setting off for Kampala the following day.
Lutaaya alleges that Kivumbi was intercepted at a police checkpoint near Mpigi by armed officers who neither identified themselves, produced a warrant of arrest nor informed him of any charges before taking him away.
He further claims that Kivumbi has since been held incommunicado without access to his family, lawyers or medical personnel and has not been presented before any court within the constitutionally required 48-hour period.
While the Inspector General of Police has formally opposed the application, court was informed that the Chief of Defence Forces (CDF), who is also named as a respondent in the case, had not yet filed a response by the time the matter came up for hearing.
