High Court Gives Government 7 Days to Account for Missing MP Muhammad Muwanga Kivumbi
The High Court in Kampala has ordered the Ugandan government to conclude investigations into the whereabouts of former Butambala County MP Muhammad Muwanga Kivumbi and report back to court within seven days.
Justice Collins Acellam issued the directive on Tuesday while handling an application filed by Kivumbi’s lawyers seeking a writ of habeas corpus. The application seeks to compel security agencies to produce the former legislator before court and explain his alleged detention.
However, the judge stopped short of immediately issuing the writ, saying the court must first establish Kivumbi’s whereabouts and identify the person or authority responsible for his alleged detention.
Justice Acellam directed the Chief of Defence Forces, the Inspector General of Police and the Attorney General to file an affidavit detailing the outcome of investigations into Kivumbi’s disappearance.
“The Respondents are ordered to conclude investigations into the whereabouts of the Applicant,” the judge ruled.
He further ordered the Uganda Police Force to file an affidavit setting out the findings of the investigations within seven days.
The case has been scheduled for mention and hearing on July 29, 2026.
Kivumbi Allegedly Abducted After Release on Bail
Kivumbi’s lawyers petitioned the High Court after alleging that the former MP was abducted on July 10 at a police checkpoint in Mpigi shortly after he had been released on bail.
According to an affidavit filed by his brother, Hajj Musa Lutaaya, Kivumbi was travelling with him when their vehicle was stopped at a police checkpoint near Mpigi Police Station.
Lutaaya alleged that police officers at the checkpoint helped unidentified military operatives drag Kivumbi into another vehicle, which then drove away to an unknown destination.
He further claimed that Kivumbi was later taken to Bombo Military Hospital in critical condition after allegedly being tortured by his captors.
Kivumbi’s lawyers are asking the court to order the security agencies to produce him, release him unconditionally and pay the costs of the legal proceedings.
Police Deny Detaining Former MP
The Uganda Police Force has denied arresting or detaining Kivumbi.
In an affidavit sworn by Assistant Commissioner of Police Godwin Tumugumye, police said there was no record indicating that the former legislator had been arrested or held by the force.
“The Applicant was not in the custody of the Uganda Police Force and was not being held in any police facility,” the affidavit stated.
Police also told the court that although Kivumbi’s vehicle had been stopped at a checkpoint, he was neither arrested, abducted nor detained by the Uganda Police Force.
Court Explains Habeas Corpus Safeguard
Justice Acellam explained that a writ of habeas corpus is a constitutional safeguard designed to protect an individual’s personal liberty.
The remedy allows the court to examine the legality of a person’s arrest, imprisonment or detention and require the authority holding the individual to produce them before court.
However, the judge said the court could not effectively issue the order at this stage because Kivumbi’s whereabouts remain unknown.
“An order of habeas corpus would be ineffective at this stage if it cannot be directed to the person or authority required to produce the Applicant,” Justice Acellam ruled.
The judge said it was therefore appropriate to give the government a limited opportunity to investigate and establish where the former MP is.
He added that before granting a writ of habeas corpus, the court must be satisfied about both the applicant’s whereabouts and the person or authority allegedly responsible for the detention.
The application remains pending, with the High Court expected to decide the next course of action after receiving the government’s report on Muhammad Muwanga Kivumbi’s whereabouts.
