A case of incitement to violence against National Unity Platform (NUP) Deputy Spokesperson Alex Waiswa Mufumbiro has been dismissed by the Nakawa Chief Magistrate’s Court for lack of jurisdiction, but the politician will remain in custody awaiting trial on a separate matter.
In a statement posted Thursday on official party social media channels, NUP said the Nakawa court struck out the incitement count after Mufumbiro’s lawyers successfully argued the court lacked authority to entertain the case. The charge, which alleged Mufumbiro incited supporters to violence and attacks on security personnel, was filed in late 2025.
However, the dismissal does not mean the end of Mufumbiro’s legal troubles.
Mufumbiro who was arrested in September 2025 is also facing a separate case at the Kawempe Magistrate’s Court where he and other NUP supporters are jointly charged with unlawful drilling, conspiracy to commit a felony, and related offences.
Prosecutors allege the group organized unauthorized military-style drills at NUP headquarters in Makerere-Kavule in February 2025, an allegation Mufumbiro and co-accused have denied.
The Kawempe court has repeatedly refused bail and mandatory bail for Mufumbiro and nine others, ruling that simply spending more than 60 days on remand without trial does not automatically compel release. Magistrates have emphasized that the court must balance constitutional rights to freedom with public interest, witness protection, and the orderly administration of justice.
In his incitement case at Nakawa, Mufumbiro also applied for bail with three sureties, but the court denied the application, citing risks of interference with investigations and witnesses, and his influence as a senior opposition figure.
A separate application for mandatory bail under Article 23 of the Constitution — based on prolonged detention without trial — was deferred in early January, with the presiding magistrate seeking more time to consider legal principles. That postponement came just days before the January 15 by-election, in which Mufumbiro was the NUP flag bearer for the Nakawa East constituency.
Despite being nominated and contesting from custody, he missed voting in the election due to his continued remand.
Legal analysts note that in Uganda’s legal system, multiple independent charges in different courts mean that dismissal of one file does not affect remand orders in another matter. Only bail or conviction in all active matters would clear a defendant for release.
For Mufumbiro and his defence team, the focus is now on pressing for a speedy trial or a successful bail application in the Kawempe matter both of which will determine whether he will remain on remand or be released pending further court processes.
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