The Kawempe Chief Magistrates Court has declined to grant mandatory bail to ten supporters of the National Unity Platform, despite the group having spent more than 60 days on remand without trial.
In her ruling, Chief Magistrate Damalie Agumaasiimwe stated that exceeding the constitutional 60-day threshold does not, on its own, guarantee an accused person’s release. She emphasized that the court must also consider the interests of justice, public safety, and the protection of witnesses before granting bail.
The suspects are facing charges related to alleged unlawful military-style drilling conducted at the NUP headquarters in Makerere Kavule. Prosecutors claim the group organised a military parade on February 12, 2024, during celebrations to mark the birthday of NUP president Robert Kyagulanyi Ssentamu.
Among the accused are several prominent figures within the party’s leadership and security structures, including Edward Ssebufu, commonly known as Eddie Mutwe, Alex Waiswa Mufumbiro, the NUP Deputy Spokesperson, and Doreen Kaija, the party’s School of Leadership principal. Others charged include Achileo Kivumbi, Calvin Tasi, Edwin Sserukuma, Saudah Madaada, Sharif Lukenge, Yasin Nyanzi, and Tonny Kawesi. Another suspect, Olivia Lutaaya, remains on remand but did not apply for mandatory bail as she has not yet completed 60 days in custody.
Defense lawyers argued that the Constitution clearly provides for mandatory bail once an accused person has stayed on remand for more than 60 days without trial. They insisted that the court had no discretion once this period had elapsed.
However, state prosecutors disagreed, maintaining that mandatory bail does not amount to automatic freedom. They urged the court to consider the seriousness of the charges, the risk of interference with witnesses, and broader public interest concerns.
In her decision, Magistrate Agumaasiimwe acknowledged that some of the accused, including Eddie Mutwe, have now spent close to 90 days in detention. Nonetheless, she ruled that the potential risk to witnesses remained high and could not be ignored. Although the sureties presented were described as credible and traceable, the court found that this did not sufficiently address the identified security concerns.
The magistrate also ordered the Uganda Prisons Service to ensure that Saudah Madaada receives appropriate medical attention while in custody. In addition, she directed the prosecution to harmonize its disclosures and move swiftly to commence the trial.
The ruling marks another setback for the accused, who have seen several bail applications rejected since their arrest. For Alex Waiswa Mufumbiro, the decision carries added political weight, as he is the NUP flag bearer for the Nakawa East by-election scheduled for January 15, 2026. He is expected to return to court on January 6 as the case proceeds.
The court’s decision reinforces the position that while constitutional timelines matter, they do not override concerns about public safety and the integrity of ongoing investigations.