Court dismisses Kirumira unconditional release petition

What you need to know:

  • On February 2, Mr Kirumira through his lawyers filed an application before Buganda Road court seeking his unconditional release from police custody or wherever he was detained or remanded, on assertions that it is illegal and unconstitutional.
  • The application contended that, Kirumira was arrested on February 1, 2018 at Bulenga village in Wakiso District at about 8am, soon after dressing up in his police uniform to appear before the Uganda Police Tribunal.

KAMPALA- Buganda Road Chief Magistrate’s Court on Thursday dismissed the unconditional release application filed by former Buyende District Police Commander, ASP Muhammad Kirumira saying it does not have the jurisdiction to do so.

In a ruling delivered by Grade One magistrate, Robert Mukanza, in absence of the Kirumira’s lawyer, Mr Jude Mbabaali, court resolved that ASP Kirumira’s trial before Police Disciplinary Tribunal is legal since he’s a serving police officer and therefore a magistrate’s court has no jurisdiction to interfere with the competence and work the tribunal.
“…Kirumira is legally confined in a gazetted place as prescribed in law so, the Chief Magistrates Court has nothing to question,” Mr Mukanza ruled.

Court’s decision was prompted by earlier submissions by state attorney, Mr Jonathan Muwaganya who raised a preliminary objection against the application stating that they examined it and found that it is a disguised application seeking a judicial review yet the magistrate’s court has no mandate to hear such.

“We had the benefit to peruse the notice of motion and affidavits in support. My understanding is that it is a disguised application asking court to revise, review or alter or prevent proceedings in the Police Disciplinary Court against the applicant (Kirumira),” Mr Muwaganya submitted.
He argued that: “The fundamental question is whether this court possess the jurisdiction to determine whether the Police Disciplinary Tribunal has powers to detain the applicant? My answer is negative because the answering code must have jurisdiction to revise and review orders of the Police court.”

“Your honour, there are two courts that have the jurisdiction to handle this application; that is the High Court, which had the original jurisdiction and the Constitutional Court that establishes the powers of the Police Disciplinary Tribunal. The case would have been different if the applicant was an ordinary suspect in the police cells,” Mr Muwaganya explained before asking court to dismiss the application with costs.
On February 2, Mr Kirumira through his lawyers filed an application before Buganda Road court seeking his unconditional release from police custody or wherever he was detained or remanded, on assertions that it is illegal and unconstitutional.