Uganda: Jurisdiction Row Stalls Bail Hearing for NUP's Eddy Mutwe, Achileo

22 October 2025

The hearing of a fresh bail application for National Unity Platform (NUP) mobiliser Edward Ssebuufu, popularly known as Eddy Mutwe, and his co-accused Achileo Kivumbi has stalled at the Kawempe Chief Magistrate's Court due to a dispute over jurisdiction between the prosecution and defence.

Grade Two Magistrate Steven Waidhuuba, standing in for trial magistrate Damalie Aguma Asiimwe, initially declined to hear the application, saying he lacked authority over the matter.

"I cannot take on the hearing of fresh bail application because you know the trial judge," he said.

But after brief consultations, he later agreed to proceed.

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The defence, led by lawyers Anthony Muyizzi and Tumusiime Kato, argued that their clients are entitled to mandatory bail under Article 23(6)(b) of the Constitution, having spent over 60 days on remand without trial since August 14.

Tensions rose in the courtroom as the prosecution objected, insisting that a Grade Two magistrate could not hear the application.

The defence countered that any magistrate may preside over a mandatory bail application once the constitutional threshold is met.

"We are not supernatural to determine when the trial magistrate will be fit to take on trial," Muyizzi argued.

The court adjourned the matter to October 29, 2025, when a ruling on the jurisdiction issue will be delivered.

In a related development, Nakawa East MP hopeful Alex Waiswa Mufumbiro, who is on remand at Luzira Prison on separate charges of alleged military drilling, was charged anew at Nakawa Magistrate's Court with incitement to murder security personnel.

The fresh charges have prevented him from filing a bail application, and he was remanded until November 6, 2025.

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