KAMPALA, UGANDA — The High Court has reserved its ruling on a habeas corpus application seeking the production and release of former Butambala County Member of Parliament Muhammad Muwanga Kivumbi, whose whereabouts remain unconfirmed following his reported re-arrest.
Justice Collins Acellam of the High Court’s Civil Division reserved the decision on Tuesday, 21 July 2026, after hearing arguments from lawyers representing Kivumbi and the Inspector General of Police, Abas Byakagaba.
The ruling is expected to be delivered electronically through the Electronic Court Case Management Information System.
The IGP has asked the court to dismiss the application against him with costs, arguing that the applicants have presented no evidence proving that Kivumbi is being detained by the Uganda Police Force.
Police Deny Arresting or Detaining Kivumbi
The police response is contained in an affidavit sworn by Assistant Commissioner of Police Godwin Tumugumye on behalf of the IGP.
Tumugumye said the Uganda Police Force did not arrest or detain Kivumbi following his release on bail and that checks conducted at relevant police stations and units found no record of him being held in police custody.
The IGP’s lawyers argued that a writ of habeas corpus could not be issued against the police without credible evidence showing that the force had custody or control of the missing former legislator.
They consequently asked the High Court to dismiss the case against the IGP and award him the costs of defending the application.
The Chief of Defence Forces, Gen. Muhoozi Kainerugaba, is also named as a respondent in the application. However, the court was informed that he had not filed a response by the close of Tuesday’s hearing.
Family Seeks Kivumbi’s Production in Court
Kivumbi’s application is supported by an affidavit sworn by his elder brother, Hajji Musa Lutaaya.
The applicants are seeking an order compelling the respondents to produce Kivumbi before the High Court and account for his whereabouts.
They also want the court to order his immediate and unconditional release if it determines that he is being detained unlawfully.
The application was filed under the Constitution, the Human Rights Enforcement Act and the Judicature Act.
A writ of habeas corpus is a legal remedy used to require a person or institution believed to be holding someone in custody to produce the detained individual before a court and justify the detention.
Kivumbi’s lawyers contend that his alleged detention violates Article 23 of the Constitution, which requires a person arrested or detained over a criminal offence to be brought before a court within 48 hours.
Reportedly Intercepted Near Mpigi
Kivumbi was granted bail by the International Crimes Division of the High Court on 9 July 2026 after spending nearly six months on remand over terrorism-related charges.
Justice Susan Okalany granted him cash bail of Shs10 million and approved three sureties who were each bonded at Shs5 million without payment.
According to the habeas corpus application, Kivumbi spent the night at his ancestral home in Butambala before beginning a journey to Kampala the following day.
The applicants allege that he was intercepted near Mpigi Police Station by uniformed officers and plain-clothed operatives.
They claim he was forcibly removed from his vehicle and driven away in an unmarked Toyota Hiace van, commonly referred to in Uganda as a “drone”.
The alleged officers reportedly did not identify themselves, present an arrest warrant or explain the charges for which Kivumbi was being taken.
His lawyers say they subsequently searched several police stations in Mpigi and Kampala but failed to locate him.
They allege that he has remained incommunicado, without access to his family, legal representatives or medical personnel.
These remain allegations contained in the application. The Uganda Police Force maintains that it neither arrested Kivumbi nor has any record showing that he is being detained at a police facility.
Court Yet to Determine Competing Claims
The High Court has not yet determined whether Kivumbi is being detained by any of the named respondents or whether the available evidence is sufficient to justify issuing a writ of habeas corpus.
The reserved ruling is expected to address the IGP’s request for dismissal and the applicants’ demand that the security authorities produce Kivumbi before court.
The habeas corpus proceedings are separate from the terrorism case in which Kivumbi and several other people are accused.
The current application concerns his reported disappearance and the legal obligation of the respondents to account for him. It does not determine whether he is guilty or innocent of the criminal charges pending before the International Crimes Division.
Terrorism Case Remains Pending
Prosecutors accuse Kivumbi and his co-accused of involvement in violence surrounding the January 2026 general election in Butambala District.
The prosecution alleges that the accused participated in attacks on Kibibi Police Station and the Butambala Electoral Commission tally centre.
They are also accused of damaging sections of the Butambala–Gomba Road and several vehicles during the unrest.
Seven people are reported to have died in the violence.
Prosecutors allege that the actions were intended to intimidate the government and the public for political purposes. Kivumbi and his co-accused have not been convicted, and the allegations remain subject to determination by the courts.
The International Crimes Division granted Kivumbi bail while the criminal proceedings continued, but his reported interception the following day prompted his family and lawyers to begin searching for him and eventually seek the intervention of the High Court.
Electronic Ruling Expected
The court’s decision will be delivered electronically through the Judiciary’s case-management platform rather than during another physical court sitting.
The ruling will determine whether the application against the IGP is dismissed or whether further orders are issued requiring the respondents to account for Kivumbi and produce him before court.
Until the ruling is delivered or a security agency formally confirms his custody, Kivumbi’s location and physical condition remain publicly unconfirmed.
