The Chief Magistrate’s court at Kawempe-Kanyanya has denied a mandatory bail application by National Unity Platform (NUP) deputy spokesperson Alex Waiswa Mufumbiro, who is facing charges of incitement to violence.
In a ruling delivered on Friday, acting chief magistrate Doreen Ainembabazi held that although Mufumbiro had met the constitutional threshold for mandatory bail after spending more than 60 days on remand without trial, public interest considerations warranted his continued detention.
Mufumbiro is charged with one count of incitement to violence contrary to Section 21(1) of the Penal Code Act. He was remanded on February 27, 2026, and had spent more than 60 days in custody by the time his application was heard.
The case was initially dismissed by the Nakawa Chief Magistrate’s court for lack of jurisdiction after it was filed in a court outside the area where the alleged offence was committed. Days later, the matter was refiled before the Kawempe-Kanyanya court.
Through a team of lawyers 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 prescribed period.
The defence submitted that the law requires the release of an accused person who has remained on remand for more than 60 days in cases triable by subordinate courts unless exceptional circumstances are established.
Muyizzi told the court that Mufumbiro, a lawyer and political leader, understood his obligations under bail and could be trusted to return for trial whenever required.
The defence presented three sureties: Mufumbiro’s 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.
Counsel further urged the court to consider Mufumbiro’s family circumstances, noting that he recently lost his wife and is the sole surviving parent of eight children.
Another defence lawyer, Alex Luganda, argued that the constitutional presumption of innocence and the right to personal liberty should guide the court’s decision. He submitted that courts have a duty to safeguard individual freedoms and should only deny bail on legally justifiable grounds.
However, the prosecution, represented by state attorneys Bruce Twongeirwe, Godfrey Mutawo and Ingrid Ogwang, opposed the application.
Twongeirwe acknowledged the personal circumstances facing the accused but argued that criminal proceedings must be determined on the basis of the law rather than sympathy. He maintained that while Mufumbiro had satisfied the 60-day remand requirement, the court retained discretion to deny bail where public interest considerations arise.
The prosecution informed the court that it was ready to commence trial, had already disclosed evidence to the defence and had produced a witness ready to testify. It further argued that the charges carried significant implications for public security and raised concerns regarding witness protection.
In her ruling, Ainembabazi observed that both the Constitution and the Magistrates Courts Act provide for mandatory bail after prolonged remand. However, she noted that the law also permits courts to deny release where it is necessary for the protection of the public and the proper administration of justice.
The magistrate found that Mufumbiro had demonstrated eligibility for mandatory bail and had presented substantial sureties capable of ensuring his attendance in court.
However, she held that the prosecution had advanced sufficient grounds to justify his 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 to the accused,” Ainembabazi ruled.
She added that concerns relating to witness safety, public order and the broader public interest outweighed the accused’s claim for release at this stage of the proceedings.
“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,” the magistrate stated.
Consequently, the court dismissed the application and ordered that Mufumbiro remain on remand pending the commencement of his trial.
Mufumbiro also faces separate charges before the same court in another case in which he is accused of engaging in unlawful military drills alongside several NUP supporters and associates, including Edward Ssebuufu, commonly known as Eddie Mutwe, Calvin Taseera, Acleo Kivumbi, Olivia Lutaaya and Saudah Madada, among others.
As a result, even if he had secured bail in the incitement case, he would have remained in custody on the separate charges.
Alex Waiswa is suffering the same fate some of us-Ugandans are suffering; tampering/revealing Sevo’s hidden secrets(“Lubaale”), especially Alex close association with Busoga Kingdom. The difference is that he and others are in tight bars(Prisons). The ONLY remedy or counter attack is PRAYERS in Christ. When Sevo and his agents can’t contain our spirit/souls into their gods or believe system, the ONLY options is to deny freedom of movements, and access to resources. So, when we pray and seek God wholeheartedly, Christ hands us the spiritual powers and Keys to their hidden secrets. That’s where the both spiritual and physical battles are won. Sevo and company should understand that once the tears of many deprived Ugandans reaches our creator in heaven, and one drop of God’s collected tears lands into Lake Victoria or the Nile. Their source of power will dry up, hence our victory and freedom in Christ. It’s happening now as type!
PURE EVIL is being executed through the Justice System: whereby “personal interest and/or political insecurity” of our PPROBLEM OF AFRICA, Gen Tibuhaburwa and his PRACTICING PROBLEM OF UGANDA’S son, Gen MK is euphemized as “public interest”.
Who e.g., in his/her right state of mind can deny that: after miserably losing the Dec 10th 1980 General Election to Hon Sam Kuteesa, Gen Tibuhaburwa openly incited the 5-year Luweero violence, subversion, random , terrorism and organized mass murder?
In other words, in order to forcefully enter our State the man committed the abomination of jumping over hundreds of thousands of innocent Ugandans countrymen, women and children’s dead bodies.
It is bewildering that the very person who self-confessed that he is the AUTHOR and MASTER OF VIOLENC is the one persecuting, maliciously prosecuting and without trial, indefinitely imprisoning innocent Ugandans: just because they have stood up to peacefully challenge him, as better alternatives to his 40 years and counting; self-serving, savage, backward CORRUPT and BOGUS/EMPTY, leadership
Great piece brief but informative!!
I bet that by now mufumbiro knows that dr besigye has never been in katemba! Sad though that he is going through this unfairness.
In other words Naboma,
“First they came for the communists, and I did not speak out— because I was not a communist. Then they came for the socialists, and I did not speak out— because I was not a socialist. Then they came for the trade unionists, and I did not speak out— because I was not a trade unionist. Then they came for the Jews, and I did not speak out— because I was not a Jew. Then they came for me— and there was no one left to speak out for me.” (Martin Niemöller).
By the way, who is speaking for Former Speaker, Anita Among?