Ssewanyana Loses Bid to Halt Prosecution in Masaka Killings Case

The Constitutional Court has dismissed a petition by Makindye West Member of Parliament, Allan Ssewanyana, who had sought declarations and redress over the manner of his arrest, prosecution, and prolonged detention.

Ssewanyana, alongside the late Muhammad Ssegirinya, the former Kawempe North MP, was arrested in 2021 in connection with the Masaka panga killings, a wave of machete attacks in which more than 20 people were killed and scores injured.

The two MPs were accused of murder, attempted murder, terrorism, and aiding terrorism. Initially, the petition was filed jointly by both MPs, but it was abated in May 2025 after Ssegirinya’s death, leaving Ssewanyana as the sole petitioner. He argued that his constitutional rights, including the right to a fair hearing, speedy trial, and protection from cruel treatment, had been violated by the state.

A panel of five Justices, Irene Mulyagonja, Jesse Byaruhanga Rugyema, John Mike Musisi, Esta Nambayo, and Ketrah Kitariisibwa Katunguka, on Friday ruled unanimously to dismiss the case. The lead judgment was delivered by Justice Katunguka, who found that the petition did not raise any fresh constitutional questions but instead dealt with issues of enforcement of rights that had already been addressed in previous rulings.

At the heart of Ssewanyana’s petition was the claim that the Director of Public Prosecutions had abused her powers by splitting charges arising from the same facts into two separate cases: one before the High Court in Masaka and another before the International Crimes Division of the High Court in Kampala.

His lawyers, Erias Lukwago and Ssekanjako Abubakar, argued that this amounted to political persecution, duplication of charges, and an attempt to keep him in prolonged detention without trial. The petition also challenged provisions of the Judicature which allow the DPP to withhold or redact witness identities and evidence for security reasons. Ssewanyana claimed this undermined his right to adequately prepare a defence under Article 28 of the Constitution.

The petition highlighted several incidents he considered unconstitutional, including his detention for over 500 days without trial, which he said amounted to cruel and degrading treatment. He cited his re-arrest on September 23, 2021, immediately after being granted bail by the Masaka High Court.

Masked armed men allegedly bundled him into a “drone” van at Kigo Prison gates and took him to an undisclosed location before he reappeared at Kireka Special Investigations Unit. This came after he and Ssegirinya had paid a combined 40 million Shillings in bail, only to be re-arrested.

He asked the Court to declare the prosecution unconstitutional, terminate or consolidate the multiple cases, bar the state from duplicating charges, and award him general damages for psychological torture.

The Attorney General, represented by Assistant Commissioner Peter Masaba and relying on an affidavit by Chief State Attorney Richard Birivumbuka, opposed the petition. The state argued that the petition raised enforcement issues, not questions of constitutional interpretation, and therefore fell outside the Constitutional Court’s jurisdiction under Article 137.

The state further maintained that the ICD disclosure rules were lawful, striking a balance between the accused’s rights and the protection of witnesses and national security.

Justice Katunguka cited earlier rulings, including Soon Yeon Kong Kim and Kwang Mao v Attorney General (Constitutional Reference No. 6 of 2007), which had already addressed the scope of disclosure of evidence and fair trial rights. The Court reiterated the principle that constitutional interpretation is distinct from enforcement and that issues already settled cannot be reopened.

The Justices also faulted Ssewanyana and his lawyers for filing submissions more than a month late, on July 7, 2025, instead of the May 21 deadline. Although the Court considered them in the interest of justice, it cautioned that such disregard for timelines could carry cost implications in future.

Ultimately, the Court dismissed the petition for lack of jurisdiction, but made no order as to costs, noting that Ssewanyana is still facing trial.

The Masaka machete killings case has been one of the most politically charged in recent years. Alongside the two MPs, four other suspects, Jackson Kanyike, John Mugerwa, Bull Wamala, and Mike Sserwadda, were committed to the International Crimes Division for trial and remain on remand at Luzira Prison after multiple denied bail applications.

While Ssegirinya has since died and Ssewanyana secured bail, their co-accused continue to face terrorism and murder charges.

The Court’s ruling comes at a politically difficult time for Ssewanyana, who recently lost the NUP flagbearer ticket for the 2026 general elections. Speaking after the ruling, Ssewanyana and Lukwago expressed disappointment and said the decision will be challenged.