Court declines to release Omusinga Mumbere’s seized property
Omusinga Charles Wesley Mumbere.
What you need to know:
- Justice Alice Komuhangi Khaukha ruled that releasing the property would be premature as the case involving the items remains ongoing. The items are currently considered exhibits in the ongoing trial of Thembo Kitsumbire, the King's former Prime Minister.
The International Crimes Division of the High Court has rejected a request by King Charles Wesley Mumbere of the Rwenzururu Kingdom to release property seized during his arrest in 2016. The seized items include a residential house (considered his palace), vehicles, and a personal firearm (pistol).
Justice Alice Komuhangi Khaukha ruled that releasing the property would be premature as the case involving the items remains ongoing. The items are currently considered exhibits in the ongoing trial of Thembo Kitsumbire, the King's former Prime Minister.
“This Court is yet to give its ruling on the confirmation of charges and before then, handing back the listed properties in the application to the applicant could be prejudicial to this case if the charges are confirmed against the remaining accused person in HCT-00- ICD-SC-0011-2018 and he has to be committed for trial,” the judge ruled.
According to Court, disposal of exhibits is provided for under Rule 27 of the Constitution (Management of Exhibits) (Practice) Directions, 2022. Sub-rules 4 and 5 of the same stipulate that exhibits should not be released or destroyed until the right of appeal is exhausted and exhibits shall be disposed of by order of court before, during, or after the trial depending on their nature.
King Mumbere had asked the court to release the property including a residential house which acted as his palace (Buhikira Royal Palace) situated on Kibanzaga Road Plot No. 36 Kasese Municipality, Supreme Vehicle Toyota Land cruiser with Number Plate Omusinga 1, a Toyota Noah van, a Pick-up lead car, and a personal pistol, 30 rounds of ammunition, two magazines, pistol case, the Rwenzururu Kingdom administrative building situated at Alexander Street in Kasese Municipality, and other properties that were seized during his arrest on November 27, 2016.
King Mumbere's lawyers argued that the charges against him were dropped in June 2023, making the continued seizure of his property unnecessary. However, Justice Komuhangi pointed out that while the charges against the King were withdrawn, Thembo Kitsumbire, who was jointly charged with the King, still faces charges related to the same 2016 events.
The judge cited a specific court rule stating that exhibits cannot be released or destroyed until all possibilities for appeal have been exhausted. This means King Mumbere will likely have to wait for the conclusion of Kitsumbire's trial before his seized property is returned.
Background
Court records show that King Mumbere was arrested on November 27, 2016, from his Buhikira Royal Palace alongside his former Prime Minister Thembo Kasubire and 217 royal guards over clashes between the Rwenzururu Kingdom and security agencies that left over 100 people dead.
The King was initially charged with treason, terrorism, murder, and malicious damage to property. However, these charges were withdrawn by the Director of Public Prosecutions (DPP) in June 2023.
The judge noted that while charges against King Mumbere and some others were dropped, Thembo Kitsumbire, his former Prime Minister, is still facing trial before the same court for charges of treason, misprision of treason, and terrorism related to the 2016 events.
