Court Martial Adjourns Bail Hearing for NUP's Kivumbi

In Summary
  • Kivumbi was arrested on August 1st at his Nansana residence by security operatives.
  • The charges against him involve the alleged illegal possession of military wear, specifically items associated with a lieutenant colonel.
Image: courtesy

 Achileo Kivumbi, the head of security for the National Unity Platform (NUP), has been remanded to Luzira Prison after the General Court Martial deferred its decision on his bail application.

 Kivumbi, who is facing charges related to the illegal possession of military attire, appeared before a seven-member panel led by Brigadier General Freeman Mugabe on Monday.

 However, the court adjourned the hearing to September 24th, leaving Kivumbi in custody.

Kivumbi was arrested on August 1st at his Nansana residence by security operatives. The charges against him involve the alleged illegal possession of military wear, specifically items associated with a lieutenant colonel.

 Despite these accusations, Kivumbi has maintained his innocence.The defense team, led by lawyer George Musisi, expressed deep frustration over the court's decision to delay the bail hearing, stressing the urgent need for Kivumbi to receive medical attention. 

Musisi highlighted that Kivumbi was allegedly subjected to brutal treatment and torture during his arrest, which necessitates immediate medical care

."We are extremely concerned about our client's health and the prolonged delay in addressing his bail application. We are urgently applying to have the court revisit the date of the hearing so that Kivumbi can be temporarily released and seek the medical help he desperately needs," Musisi stated.

Joel Ssenyonyi, the NUP spokesperson and Leader of Opposition in Parliament, also condemned the continued practice of trying civilians in military courts, a process he termed as unconstitutional. 

He referenced the July 2021 ruling by the Constitutional Court, which declared that it was illegal to try civilians in military courts and directed that such cases be transferred to the High Court. 

Despite this ruling, the government appealed the decision, and the matter is currently awaiting judgment by the Supreme Court.

"This is yet another example of the state's disregard for the rule of law. The military courts have no jurisdiction over civilians, yet the government continues to ignore the Constitutional Court's ruling. We will not stand by as our members are subjected to illegal and unjust trials," Ssenyonyi remarked.

The adjournment of Kivumbi's bail hearing has sparked concern among human rights advocates, who argue that the delay may further endanger his health.

 The NUP has called for his immediate release on medical grounds, as well as an end to the prosecution of civilians in military courts.