Court Declines to Grant Bobi Wine’s Bodyguards Mandatory Bail

The Kanyanya Chief Magistrate’s Court has dismissed an application for mandatory bail filed by National Unity Platform (NUP) members Edward Ssebuufu, alias Eddie Mutwe, and Achileo Kivumbi.

The Magistrate said the court lacked jurisdiction to entertain the matter. 

The suspects appeared before Grade II Magistrate Steven Waiduuba seeking release on mandatory bail after spending 68 days on remand at Luzira prison without the commencement of their trial.

Their legal team, led by Samuel Muyizzi Mulindwa and assisted by Tumusiime Kato, Evans Ochieng, and Alex Luganda, told the court last week that the duo was first charged on August 14, 2025, and that prosecution had since failed to complete investigations or start the trial. 

Muyizzi argued that, under Article 23(6)(b) of the Constitution and Section 76(b) of the Magistrates Courts Act, any person accused of a non-capital offense who has been on remand for more than 60 days without trial is entitled to mandatory bail.

He said the court’s duty in such cases is merely to count the number of days and order release, since liberty is a fundamental right that should not depend on the convenience of the prosecution or the availability of the trial magistrate. 

The defense further noted that the trial magistrate, Damalie Agumasiimwe, was indisposed, and that keeping the accused in detention indefinitely violated their constitutional right to a fair and speedy trial.

However, Chief State Attorney Sharon Nambuya opposed the application, arguing that it amounted to a fresh bail request rather than a mandatory one. 

She noted that the same court had already heard and denied the accused bail on October 3, and that any subsequent application could only be made before the same magistrate or a higher court with proper jurisdiction.

Nambuya further submitted that the offenses the accused face — including unauthorized military drills — carry a maximum sentence of seven years upon conviction, which exceeds the sentencing powers of a Grade II magistrate. 

She argued that Magistrate Waiduuba, therefore, lacked jurisdiction to entertain or determine the bail matter. In his ruling, 

Magistrate Waiduuba agreed with the defense that the case raised constitutional issues concerning human rights and the right to liberty. 

He cited Section 76(b) of the Magistrates Courts Act, which provides that an accused person who has spent 60 days on remand before trial commences should be released on bail on their own recognizance.

However, he concurred with the prosecution that jurisdiction is a matter of law, not discretion.

“The court agrees with the defense that this is a human rights matter and that bail is a matter of right. However, this court has no jurisdiction to entertain the application,” ruled Magistrate Waiduuba.

He consequently dismissed the application and advised the defense to reapply before Grade I Magistrate Damalie Agumasiimwe, the trial magistrate who earlier declined to grant bail and is currently on official leave. 

According to the court diary, Agumasiimwe is expected to resume duty on November 18, 2025. Eddie Mutwe and Achileo Kivumbi are part of a group of 10 NUP supporters facing charges of unauthorized military drills, operating a training school without a license, and possession of military-like attire. 

They are accused of conducting a military-style parade at the NUP headquarters in Makerere Kavule, Kampala, on February 12, 2025. Other suspects include NUP Deputy Spokesperson Waiswa Mufumbiro, NUP Leadership School Principal Doreen Kaija, and mobilizer Saudah Madada, who was recently denied a party card to contest as Lord Councilor for Kampala Central Division. 

The rest are Tasi Calvin alias Bobi Giant, Edwin Sserunkuma alias Eddy King Kabejja, Sharif Lukenge, Yasin Nyanzi, and Tonny Kaweesi. The prosecution informed the court that investigations are still ongoing, and the group was remanded back to Luzira Prison until November 18, when the trial magistrate is expected to resume duty and possibly hear the renewed bail application. 

Some of the accused, including Eddie Mutwe and Achileo Kivumbi, are also facing separate robbery-related charges before the Masaka Chief Magistrate’s Court, where they are accused of robbing mourners and journalists of mobile phones and cash during a funeral last year. They have all denied the charges, but multiple bail applications in both matters have been rejected. 

Meanwhile, Alex Mufumbiro, recently nominated as the NUP parliamentary candidate for Nakawa East in the forthcoming 2026 general elections, is among those with pending separate charges. 

On the day of his nomination, Mufumbiro was slapped with fresh accusations of inciting NUP members to murder a security officer. Those charges are pending before the Nakawa Chief Magistrate’s Court, where he was remanded until November 4, 2025.