Uganda: NUP MP candidate Mufumbiro faces election from jail after court delays bail ruling

The Nakawa Chief Magistrate's Court has set January 22, 2026, to rule on a mandatory bail application filed by National Unity Platform (NUP) deputy spokesperson Alex Waiswa Mufumbiro, who is accused of inciting party supporters to commit offences against security personnel.

"The matter is coming up for mention. Inquiries are not complete," Odongo submitted.

However, defence lawyer Samuel Muyiizi Mulindwa objected, arguing that the continued detention of his client was unlawful given that the mandatory period provided for under the law had elapsed.

"We take issue with the state's submission. On November 13, 2025, close to two months ago, this court directed the state to expedite investigations, and the denial of bail was premised on incomplete inquiries, which meant the accused could not apply for bail," Muyiizi told the court.

Muyiizi said he had instructions to apply for mandatory bail, noting that Nakawa East parliamentary aspirant Mufumbiro was charged on October 22, 2025, and had now spent 78 days on remand without trial.

"It is now 78 days, and we make this application under Article 23(6)(b) of the Constitution, Section 23(b) of the Magistrates Courts Act, and Regulation 9 of the Bail Guidelines. The law provides for 60 days, and that period has long elapsed," Muyiizi said.

He argued that mandatory bail is not discretionary once the statutory period has been exceeded.

"There is a mandatory requirement that if an accused clocks 60 days without trial, the magistrate before whom he or she first appears releases him on bail," Muyiizi submitted.

The defence also pointed out that the court had previously found Mufumbiro's proposed sureties-including his father, his brother and Nakawa East Member of Parliament Ronald Balimwezo be substantial, leaving only the setting of bail terms.

In response, the prosecution maintained that the expiry of the 60 days does not automatically entitle an accused person to bail.

"The clock of the mandatory period is not an automatic pathway to release. Court should take into consideration other factors such as public safety. Bail should be denied," Odongo submitted.

Muyiizi countered that the prosecution had failed to demonstrate how public safety would be threatened by his client's release, arguing that the right to liberty could not be overridden without justification.

"I need time to address my mind on this," the magistrate ruled after hearing submissions from both sides, setting January 22, 2026, as the date for the ruling.

The decision means the parliamentary aspirant will remain in custody as his constituency votes on January 15 in Uganda's general election.

Mufumbiro was previously denied bail on November 13, 2025, on grounds that his release could interfere with ongoing investigations.

The 39-year-old was charged on October 30, 2025, with incitement to commit an offence contrary to Section 21(1) of the Penal Code Act.

According to the charge sheet, he allegedly incited National Unity Platform supporters on September 4, 2025, within Kampala City, to commit offences against security personnel, including calls to commit murder.

He is also facing additional charges of holding an unlawful assembly and military drilling alongside ten others.

Prosecution alleges that Mufumbiro and his co-accused conducted a meeting where individuals were trained in military-style exercises without authorisation from the Minister of Internal Affairs, contrary to Section 45 of the Penal Code Act.