The Kawempe Grade Two Magistrate’s Court has declined to grant a bail application submitted by National Unity Platform (NUP) members Edward Ssebufu, alias Eddie Mutwe, and Achileo Kivumbi, citing lack of jurisdiction over the matter.

The pair, both members of Robert Kyagulanyi (Bobi Wine)’s security detail, have been in detention for 68 days without trial. Their legal team sought their release under Article 23(6)(b) of the Constitution, which guarantees bail for accused persons who remain on remand beyond 60 days without the start of trial.

In his ruling on Wednesday, Magistrate Steven Waidhuuba admitted that the two had exceeded the constitutional detention period but said his court was not the appropriate forum to handle the application.
“While the applicants have indeed been on remand for more than 60 days, this court cannot entertain the matter since it is before another magistrate who is currently unavailable,” Waidhuuba said.

He clarified that only the trial magistrate, Ms. Damalie Agumansiimwe, who is currently on medical leave, has the legal authority to determine the application.

Defence counsel Samuel Muyiizi argued that the continued detention of his clients was unconstitutional and violated their right to a fair hearing.

“After 60 days without commencement of trial, court is mandated to release the accused. It is unjust for them to remain in custody due to the prosecution’s delays,” Muyiizi contended.

The prosecution, represented by State Attorney Sharon Nambuya and Bruce Twongirwe, opposed the application, asserting that it had been filed before the wrong court.

Magistrate Waidhuuba advised the defence to renew their bail request before the trial magistrate once she resumes duty and noted that her next available sitting date is November 18, 2025.

As a result, the two NUP members will remain in detention until the trial magistrate returns to preside over the case.