High court warns police, army chiefs over Mugumya’s whereabouts

Kampala High court judge, Simon Peter Kinobe, has warned the Inspector General of Police (IGP) and army chiefs that they could face contempt of court proceedings if they continue to defy judicial orders requiring them to account for the whereabouts of missing opposition activist Sam Mugumya.

Mugumya’s lawyers, Kato Tumusiime and Kakuru Tumusiime of Kiiza and Mugisha Advocates, allege that the activist was seized by armed men in Mbarara on August 26, 2025, bundled into a vehicle and taken to an undisclosed location.

They contend that he has since been held incommunicado at the Special Forces Command (SFC) facility in Kasenyi, without access to his family, lawyers or personal physician, and without being produced before a competent court.

During the second hearing of the application for Mugumya’s production on Monday, Kinobe gave the government three weeks to investigate his disappearance and report back to court.

“I do not want to be in a position where people are summoned for not complying with court orders. Those who know me know I am crazy enough to do that,” the Civil Division judge said.

Kinobe described Mugumya’s disappearance as both a national concern and a personal matter, warning that failure to hold security agencies accountable could expose any Ugandan to the risk of disappearing without explanation.

“Almost two years down the line, we are still doing exchanges of who has this man. We need to know where this man is,” Kinobe said.

He expressed concern that the court was still grappling with the same questions despite an earlier application for Mugumya’s production, which had resulted in orders directing authorities to investigate his disappearance and submit a report.

The Attorney General was represented by state attorneys Matthew Muhesi and Jackie Amusugut, who sought an additional three weeks to allow security agencies to complete investigations and submit the required report.

Muhesi told court that the respondents had failed to comply with an earlier directive requiring them to investigate Mugumya’s disappearance and the circumstances surrounding videos purportedly showing him in a severely weakened and emaciated condition.

He apologised for the delay, explaining that the report had been requested from both the Uganda Police Force and the Uganda People’s Defence Forces (UPDF).

In support of the request for an adjournment, Muhesi presented letters from the Solicitor General addressed to the IGP and from the permanent secretary of the ministry of Defence. He also submitted police communication to the Criminal Investigations Directorate (CID) requesting an urgent investigation report.

Amusugut asked court to grant the government three weeks to allow the relevant security agencies to compile and submit their findings. However, the request drew sharp criticism from Kinobe, who questioned why authorities had failed to account for Mugumya despite previous judicial interventions.

Amusugut explained that although government had formally written to the IGP, the investigations required physical engagement between security agencies and individuals who could provide relevant information. She said police were expected to contact the relevant parties and coordinate the investigations.

Kinobe, however, rejected what he considered an attempt to shift responsibility to the police, reminding the government lawyers that his earlier directive expressly covered both the police and the army.

“My order was for both entities. The application talks about both entities. You cannot just push it to police. The army should be able to investigate. I was very clear,” he said.

Amusugut maintained that the investigations were being expanded beyond the army, with police taking the lead. The judge insisted that court needed the names of individual officials responsible for implementing its directives, rather than general references to institutions.

He warned that he was prepared to take action against specific officials, including the IGP, for failure to comply with court orders.

Amusugut subsequently told court that the IGP had forwarded the matter to CID for investigation after receiving the relevant communication.

In his ruling, Kinobe granted the government the requested three weeks but warned that compliance would be strictly enforced, stressing that the continued failure to establish Mugumya’s whereabouts was unacceptable.

“I am going to allow you the three weeks, but I am going to hold you very strict because every day that goes by someone is missing,” he said.

Kinobe warned that failure to comply within the additional three weeks could compel him to consider contempt of court proceedings against the officials responsible.

The case was adjourned to November 30, 2026, for further hearing. Kinobe said he would make himself available to handle the matter despite being scheduled to go on leave.

Government and security agencies have repeatedly denied having Mugumya in their custody despite the Chief of Defence Forces (CDF) Gen Muhoozi Kainerugaba admitting on social media to holding him incommunicado and torturing him.

The latest proceedings stem from a second application for a writ of habeas corpus through which his lawyers are seeking to compel authorities to establish his whereabouts and account for his alleged disappearance.

In the earlier proceedings, Miscellaneous Cause No. 0227 of 2025, the High court issued a writ on September 5, 2025, directing the respondents to produce Mugumya within seven days. On September 12, 2025, the court further directed the Attorney General and the IGP to investigate the alleged arrest and establish his whereabouts, with a report to be filed within seven days.

A recently leaked video, released by former military intelligence officer Lt. Herbert Matanda Mabonga, who has since fled into exile, purportedly shows a frail Mugumya limping in pain. The video has been linked to allegations that he was tortured by state operatives at a safe house in Entebbe.

Related