- In his Application, Mumbere had argued that since the DPP had withdrawn a Treason case against him on the 13/06/2023,his properties should have been returned to him
Image: Courtesy photo
The International crimes Division of the High Court has declined to return seized properties of the Rwenzururu King including; 30 rounds of ammunition; two magazines and a pistol.
Mumbere had filed an Application seeking to have also other properties including: a residential house which acted as his palace 25 (Buhikira Royal Palace) situated on Kibanzaga Road Plot No. 36 Kasese Municipality; Supreme Vehicle Toyota Land cruiser with Number Plate Omusinga 1; a Toyota Noah van; a Pick-up lead car ford with Number Plate Museveni bought for him, and the Rwenzururu Kingdom Administrative building situated at Alexander Street, Kasese Municipality; and many others which were seized during his arrest on 27/11/2016 released but Court has declined to release them.
In his Application, Mumbere had argued that since the DPP had withdrawn a Treason case against him on the 13/06/2023,his properties should have been returned to him.
However, justice Alice Komuhangi has agreed with the DPP that despite the said charges having been discontinued against the King, some of his Co accused persons, including his former prime minister Prime Minister Thembo Kitsumbire are still facing the said charges which are yet to be confirmed by the said court and that in light with the above, his properties can mot be returned.
"In light of the above, this Application is premature. This Court is yet to give its ruling on the confirmation of charges and before then, handing back the listed properties in the Application to the Applicant could be prejudicial to this case if the charges are confirmed against the remaining Accused person and he has to be committed for trial" justice Komuhangi ruled.
When it came to other seized properties, Justice Komuhangi ruled that she was satisfied that they were not in the category of exhibits that should be released before the pre-trial stage is completed and dismissed the said application wholly .
State Attorney Thomas Ajiko had asked Court to have the said application dismissed on grounds that the Application was improper before Court because the said properties were intended exhibits against the Prime Minister, Thembo Kitsumbire, scene of crime and Government property, and that disposing them of would be improper especially since the said exhibits had not yet been brought under court Court’s jurisdiction.
"In agreement with the Respondent, the Applicant is aware that whereas the DPP entered a nolle prosequi and discharged him of all the offences, the case is still subsisting in the Court with one Accused person to wit: Mr. Thembo Kitsumbire who was a Prime Minister in the kingdom of the Applicant. He is facing the same charges that the Applicant was charged with.
"She further noted that the said matter is still at the pre-trial stage and the properties the Applicant listed in is Application may be exhibits that the Prosecution intends to rely on in the said ongoing case and that Making any order disposing of them at this stage may negatively affect the case in light of the contestation by the Respondent.
" I am satisfied that the deprivation of the said properties is justifiable in the circumstances because on 11th March 2024, the Prosecution in agreement with Counsel for the Accused marked disclosures, which were inclusive of the said listed property as Identified Prosecution Exhibits.
She concluded that ruling on the confirmation of charges is yet to be done and before then, handing back the listed properties in the Application to the Applicant could be prejudicial to the case if the charges are confirmed against the remaining Accused person and he has to be committed for trial.