The Kanyanya Magistrates Court has dismissed the mandatory bail application filed by National Unity Platform (NUP) supporters Edward Ssebuwufu, commonly known as Eddie Mutwe, and Achileo Kivumbi, citing lack of jurisdiction to hear the case.
In delivering the ruling, Magistrate Steven Waidhuuba explained that while the two accused had been on remand for more than 60 days without trial, the court was not in a position to entertain their bail application.
He noted that according to Article 23(6)(b) of the Constitution, an accused person who has been remanded beyond the prescribed period before trial begins must be released on bail by the magistrate before whom the case is pending.
Magistrate Waidhuuba further explained that the trial magistrate, Damallie Agumasiimwe, was too ill to preside over the proceedings, and that the defense had been unable to present sureties during the previous Zoom session due to technical challenges.
State prosecutors, led by State Attorney Sharon Nambuya, opposed the application, arguing that the court lacked the jurisdiction to hear the case.
Magistrate Waidhuuba concurred with the prosecution’s position and dismissed the application. The case has been adjourned to November 18, 2025, for further hearing.
Eddie Mutwe and Achileo Kivumbi, along with eight other NUP members and leaders, are facing charges of unlawful drilling, contrary to Section 45 of the Penal Code Act.
By Alex Magala
29th Oct 2025
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