Court Denies Mandatory Bail to NUP’s Alex Mufumbiro Despite Over 60 Days on Remand

KAMPALA, UGANDA – The Kawempe-Kanyanya Chief Magistrate’s Court has denied a mandatory bail application filed by National Unity Platform (NUP) deputy spokesperson Alex Waiswa Mufumbiro, despite him spending more than 60 days on remand without trial.

In a ruling delivered on Friday, Acting Chief Magistrate Doreen Ainembabazi acknowledged that Mufumbiro had met the legal requirements for mandatory bail under Uganda’s Constitution and the Magistrates Courts Act. However, she ruled that concerns related to public interest, witness protection, and public order justified his continued detention.

Mufumbiro is facing a charge of incitement to violence contrary to Section 21(1) of the Penal Code Act. He was remanded on February 27, 2026, and had remained in custody for over two months by the time his bail application was heard.

Defence Cites Constitutional Right to Mandatory Bail

Represented by a legal team led by Samuel Muyizzi Mulindwa and Kato Tumusiime, Mufumbiro argued that Article 23 of the Constitution and Section 76 of the Magistrates Courts Act entitled him to mandatory bail because his trial had not commenced within the legally prescribed period.

The defence told court that Mufumbiro, who is also a lawyer, understood the conditions of bail and would faithfully return to court whenever required.

His sureties included his father, retired chief magistrate and advocate Moses Baligeya Mufumbiro, his brother Kenneth Wilson Kato, and his in-law Richard Kazibwe Semakula, an LC I chairperson.

Lawyers also highlighted Mufumbiro’s personal circumstances, noting that he recently lost his wife and is currently the sole surviving parent responsible for eight children.

Prosecution Opposes Release

State prosecutors Bruce Twongeirwe, Godfrey Mutawo, and Ingrid Ogwang opposed the application, arguing that while Mufumbiro had met the 60-day remand requirement, the court retained discretion to deny bail where public interest concerns exist.

The prosecution informed court that it was ready to begin trial proceedings, had already disclosed evidence to the defence, and had a witness available to testify.

Prosecutors further argued that the charges carried significant implications for public security and raised concerns about witness safety and the administration of justice.

Court Cites Public Interest and Witness Protection

In her ruling, Magistrate Ainembabazi noted that although mandatory bail is provided for under the law after prolonged remand, courts are permitted to deny release where doing so is necessary to safeguard public interests and ensure justice is served.

She found that Mufumbiro had presented credible sureties and qualified for consideration under the mandatory bail provisions. However, she agreed with the prosecution that the circumstances of the case warranted continued detention.

“The prosecution demonstrated their readiness to commence the hearing of the case by producing a witness in court and making efforts to disclose evidence to the accused,” Ainembabazi ruled.

The magistrate added that concerns regarding witness protection, public order, and broader public interest outweighed the accused’s request for release at this stage.

“Taking into consideration the gravity of the offence, the need to preserve public order, protection of the witness and public interest concerns, I am inclined to deny the accused bail at this time,” she stated.

Mufumbiro Remains on Remand

Following the ruling, the court dismissed the bail application and ordered that Mufumbiro remain on remand pending the start of his trial.

Mufumbiro is also facing separate charges before the same court related to alleged unlawful military drills involving several NUP supporters and associates, including Edward Ssebuufu, popularly known as Eddie Mutwe, Calvin Taseera, Acleo Kivumbi, Olivia Lutaaya, and Saudah Madada.

As a result, even if bail had been granted in the incitement case, he would have remained in custody on the separate charges.

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