The High court has dismissed an application in which Rwenzururu king, Charles Wesley Mumbere wanted to have his pistol returned.
He argues that the original charges that led to its confiscation were dropped against him. Justice Alice Komuhangi Khauka declined to give Mumbere his pistol on the basis that it is being held as an exhibit in a pending case against his former co-accused Thembo Kitsumbire the former kingdom prime minister who was jointly charged with the king but declined to get amnesty and remained alone on the case file.
Mumbere and his subjects faced charges of terrorism, treason, malicious property damage, attempted murder, and aggravated robbery, among others. This is after the group was indicted in 2016 following the army’s raid on Mumbere’s palace in Kasese.
Following the withdrawal of the terrorism-related charges against Mumbere and more than 200 of his subjects on June 13, 2023, he applied to court seeking the return of his property that had been seized by the government following his arrest Buhikira palace in Kasese Municipality.
The property included his residential house which acted as the palace, his vehicle a Toyota Land Cruiser, a Toyota Noah van; a pickup lead car, and a personal pistol (Israel make) which he claimed was given to him by President Museveni. Others included 30 rounds of ammunition; two magazines, a pistol case, the Rwenzururu kingdom administrative building situated at Alexander street, Kasese municipality; and many others.
He argued that since the charges against him were withdrawn, the property should be returned to him. However, prosecution through Thomas Jatiko, assistant director of public prosecutions opposed the application on grounds that although proceedings against Mumbere and some others were discontinued, the proceedings against prime minister Thembo Kitsumbire who faces charges of treason, misprision of treason, and terrorism are still ongoing.
Jatiko said that the items the king listed are exhibits, the scene of the crime, and government property as such he opposes the application for the release of the items because if such an order is granted, it will essentially dispose of police exhibits, interfere with the crime scene and give ownership of a firearm to a private individual in total disregard of the law and procedures.
Jatiko added that any firearm (pistol) can only be privately owned subject to the granting of a license from the government of Uganda and can be withdrawn at any time. He said the application is improper before the international crimes division (ICD) since Mumbere is requesting the court to dispose of exhibits that have not yet been brought under its jurisdiction.
“That the applicant knows the right authority/authorities from whom to request for the release of the items but has not done so and rushed to court well knowing that the ongoing criminal trial against the prime minister, Thembo Kitsumbire would be frustrated if the order is granted”, Jatiko told court.
The prosecutor further informed the judge that it is in the interest of justice and fairness that the application shouldn’t be allowed. In her ruling, justice Komuhangi indicated that Mumbere has not provided the court with any evidence in his affidavit that he has been compulsorily deprived of his property.
On the contrary, the judge said it was Mumbere’s evidence and confirmed by the prosecutor that the said items were retrieved as exhibits during a criminal investigation. While agreeing with the prosecution, Komuhangi said Mumbere is aware that while the DPP withdrew charges against him, there is a pending case against Kitsumbire.
“He is facing the same charges that the applicant was charged with. This matter is still at the pre-trial stage and the properties the applicant lists in his application may be exhibits that the prosecution intends to rely on in the said ongoing case. Making any order disposing of them at this stage may negatively affect the case in light of the contestation by the respondent,” said Komuhangi.
He said the application is premature and that the deprivation of the said properties is justifiable in the circumstances because even said items were marked as evidence for the prosecution as identified prosecution exhibits. According to the judge, the list of properties mentioned in the application, are not in the category of exhibits that should be released at the moment.
Komuhangi also confirmed charges of misprision of treason, aiding terrorism against Kisumbire. Justice Komuhangi stated that the disclosed evidence shows that Kisumbire was guarded by the same Obusinga Bwa Rwenzururu (OBR) Royal Guards who were attacking and murdering police and other security officers.
She said a case in point, was on November 26th, 2016 at about 8 am when a team of police and army officers were on patrol in Kasese Town.
“As they passed near the office of the prime minister of Obusinga Bwa Rwenzururu, Thembo Kitsumbire at Mukirane Road, they were attacked by a group of royal guards stationed at the office of the prime minister (the accused ),” said Komuhangi.
According to the judge, the royal guards were armed with knives, pangas, petrol bombs, spears, and during the attack, LCpl Solomon Obirit was stabbed in the thigh by one of the royal guards before he could be rescued by the reinforcement team from Kasese police station.
“The police searched the office of the prime minister (accused) and recovered 8 bottles of explosives, military shoes, axes, spears, pangas, knives, bows and arrows”, she said.
The decision of the judge was read in open court by grade one magistrate Millicent Kemigisha who is attached to justice Komuhangi’s chambers.
