national 1 June 2026 Daily Monitor (Uganda)
Judge Presses Kivumbi Bail Hearing Amidst State Prosecutor Absence
Justice Susan Okalany proceeded with the bail hearing for former MP Muhammand Muwanga Kivumbi and 24 co-accused, despite the State's prosecutors being occupied in a separate high-profile treason case. Source: https://www.monitor.co.ug/uganda/news/national/drama-in-court-as-judge-proceeds-with-kivumbi-bail-hearing-in-absence-of-state-prosecutors-5480996
Justice Susan Okalany of the International Crimes Division (ICD) of the High Court in Kampala pushed forward with the bail hearing for former Butambala County MP Muhammad Muwanga Kivumbi and 24 others charged with terrorism, even as state prosecutors were absent from the courtroom.
The prosecution team failed to appear on time, reportedly due to their involvement in a treason case concerning Dr. Kizza Besigye. Despite the scheduled midday appearance time passing without their arrival, Justice Okalany opted to proceed, stating, “We can proceed. They will find us along the way.”
Although the state attorneys were not present to argue their case in person, the defense team was provided with a copy of the prosecution’s affidavit opposing bail. This document, sworn by Police detective Johnmary Luwebuga, argued that investigations are ongoing and that releasing the accused could jeopardize the judicial process and lead to witness interference.
Leading the defense, lawyer Medard Sseggona vehemently contested the State’s affidavit, labeling it a “lazy, generic, and completely detached from reality” ‘cut-and-paste’ job that failed to address individual circumstances. Sseggona highlighted contradictions in the State’s claims about the accused’s residences and challenged the assertion of witness tampering without any presented evidence.
The State’s affidavit also personally attacked Kivumbi’s self-proclaimed status as a “statesman,” noting he is no longer an MP or the COSASE committee chair. The prosecution contends the accused directly participated in lawless activities during post-election violence in Butambala District in January 2026, which allegedly resulted in seven deaths.
The accused, who have been on remand for months, argue they have strong community ties and substantial sureties. Their lawyers contend that the prosecution has failed to formally commit their case for trial, further justifying their release pending the hearing.
The hearing for the bail application is ongoing.