The Uganda People’s Defence Forces (UPDF) has denied allegations that its officers abducted or are holding Butambala County MP Muhammad Muwanga Kivumbi, insisting that the legislator has never been in military custody.
In an affidavit filed before the High Court Civil Division, Lt Col Edgar Musasizi, the Director of Civil Affairs at the Ministry of Defence and Veteran Affairs, dismissed claims made in an application for a writ of habeas corpus, saying there is no evidence linking the UPDF to Kivumbi’s disappearance.
“I categorically deny that officers of the Uganda People’s Defence Forces abducted or unlawfully detained the Applicant as alleged,” Lt Col Musasizi stated.
He argued that the applicant had failed to provide evidence proving that the individuals who allegedly arrested Kivumbi were UPDF officers.
“The deponent has not disclosed the basis upon which he concluded that the persons allegedly involved were officers of the Uganda People’s Defence Forces, nor has he exhibited any material linking the respondents to the alleged incident,” he said.
Musasizi further told court that he had verified all gazetted military detention facilities and established that Kivumbi has never been held by the UPDF.
“I have personally cross-checked with all gazetted detention facilities under the control of the Uganda People’s Defence Forces and I confirm that the Applicant is not and has never been in the custody of the Uganda People’s Defence Forces at any material time,” he stated.
The UPDF officer also dismissed claims that Kivumbi is being held incommunicado by the military, saying there is no evidence indicating that he is under the custody or control of the Chief of Defence Forces.
He asked the court to dismiss the habeas corpus application with costs, describing it as “misconceived, devoid of merit and an abuse of the process of court.”
Kivumbi was re-arrested on July 10, a day after he was released on bail following 169 days on remand. He had been charged alongside 25 others with terrorism-related offences arising from violence that occurred at his home in Butambala District on election night, where seven people were killed.
The prosecution alleges that the attacks were intended to influence government actions or intimidate members of the public.
After securing bail, Kivumbi held a thanksgiving gathering at his Butambala home, where he criticised the First Family. The following day, while travelling back to Kampala, he was reportedly intercepted by plain-clothed individuals travelling in a drone vehicle at the Mpigi roadblock and taken to an unknown location.
It has now been 18 days since Kivumbi disappeared. Police have also denied holding him in custody, leaving his whereabouts unknown as his family and lawyers continue seeking court intervention through a habeas corpus application.
