Former Rwenzururu premier faces trial over alleged treason, terrorism

Thembo Kitsumbire, the former prime minister of the Obusinga Bwa Rwenzururu kingdom under King Charles Wesley Mumbere, has been committed to trial in the International Crimes Division of the High Court. He faces charges of treason, misprision of treason, and terrorism related to the 2016 violence in Kasese District.

High Court Judge Alice Komuhangi Khaukha ruled that the prosecution presented sufficient evidence to proceed with the charges. Kitsumbire is accused of participating in a meeting where King Mumbere allegedly made utterances interpreted as calls for rebellion against the government. 

“It is my finding therefore, that by convening a planning meeting in which the King made treasonable utterances, the accused (Kitsumbire) aided the king and is therefore equally culpable as a principal offender within the meaning of Section 19 of the Penal Code Act,” the judge ruled.

“…Charges in counts 1 and 3 are hereby confined against the accused, Thembo Kitsumbire. Charges in Count 2 are also confirmed against the accused but shall be preferred as an alternative to count 1. The prosecution is directed to make the necessary amendment to the indictment,” the judge ordered.

The judge noted that King Mumbere and 216 others were initially charged alongside Kitsumbire. However, the King and others admitted culpability and received amnesty, with the charges against them being withdrawn. Kitsumbire, however, refused amnesty and will now stand trial alone. 

“It is therefore, my finding that the accused had a common intention with the King and others who admitted culpability within the meaning of Section 20 of the Penal Code Act. The accused as the prime Minister of the Kingdom cannot be seen to attempt to disassociate himself from the actions of the Kingdom. It would have been different if he reported the actions or utterances of the King to the authorities,” the judge reasoned.

On Misprison of treason, the judge ruled that prosecution has disclosed sufficient evidence to establish substantial grounds to believe that Kitisumbire knew that King Mumbere and others intended to commit treason but did not give information about the same with all reasonable dispatch to the minister, an administrative officer, a magistrate or an officer in charge of a Police Station or use all reasonable endeavors to prevent the commission of the offence.

Furthermore, the prosecution alleges that Kitsumbire, along with others not included in this current indictment, participated in attacks on police establishments, possessed explosives and ammunition, and was linked to murders that occurred in March 2016.

This decision paves the way for a trial focusing on Kitsumbire's alleged role in the 2016 events.

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