Rwenzururu King Mumbere's long walk to freedom

The unexpected withdrawal brought an inconclusive end to yet another bloody chapter in the long-running tensions between government and the restive Bakonzo ethno-cultural community.

“Take notice that the government of Uganda intends that the proceedings against …see the attached (King Mumbere and 217 of his royal guards) shall not continue,” the notice, dated June 13, said in part.

The terror and treason charges had been preferred by the State in the chilling aftermath of the November 26 to 27, 2016 Buhikira Palace bloodbath.

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More than 150 people were shot dead by the army and police as they stormed the palace in Kasese Town to forcibly disarm and disband what government termed as suspected militants hiding inside the royal premises. 

The attack followed a resurgence in separatist activity by a militia force allegedly supported by Rwenzururu kingdom royal guards fighting to create a new state, the so-called Yiira Republic, astride the border between Uganda and DR Congo. Omusinga Mumbere had distanced himself from the secessionist cause which has a history dating back to colonial times.

As the ferocity of the attack, amid reports of indiscriminate killings, torture and disproportionate use of overwhelming lethal force dawned on the country, the then UPDF Seceond Division commander, Brig (now a Lt Gen) Peter Elwelu, found himself being accused of crimes against humanity and genocide.

Human rights activists and Opposition politicians unsuccessfully petitioned the International Criminal Court (ICC), seeking the trial of Gen Elwelu, President Museveni and others. 

FYI: Kasese killings not justifiable, but not war crimes – ICC report

Although the international court’s preliminary findings confirmed that acts of murder were committed by the military, and disproportionate force deployed during the palace onslaught, the evidence could not sustain charges of war crimes, crimes against humanity and genocide as defined under the ICC’s Rome Statute. 

To much criticism and outrage countrywide, Brig Elwelu was subsequently promoted to the rank of Major General and appointed to the elevated position of Commander, UPDF Land Forces. 

Yesterday, Judge Alice Komuhangi Khaukha dismissed all the charges preferred against the Omusinga and his co-defendants. She also ordered the unconditional release of fellow suspects still on remand at Jinja Main and Luzira prisons, some of whom were following court proceedings remotely on Zoom.

The king and co-suspects had also been accused of kidnap with intent to murder, aggravated robbery, and misprision of treason. They denied all the allegations. 

Ms Okui revealed yesterday that the Omusinga and group were set free after they applied for a reprieve under Uganda’s amnesty law.

“The suspects applied for amnesty and the applications were presented to the DPP for consideration. Upon considering them, the DPP found they qualified under the Amnesty Act, hence decided to terminate the criminal proceedings against them to facilitate the amnesty process,” Ms Okui, also the spokesperson at the Office of the DPP, said.

She observed that “it suffices to note that the Constitution empowers the DPP to discontinue criminal proceedings against any person that she institutes criminal proceedings against before judgement is delivered”.

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During the same court proceedings, similar charges against former Rwenzururu kingdom prime minister Johnson Thembo Kitsumbire and another unnamed individual were, however, not withdrawn.

Ms Okui said “the two accused persons left in the indictment did not apply for amnesty, we shall proceed with their prosecution”.

King Mumbere was violently arrested on November 27, 2016 with close to 200 subjects among whom were volunteer royal guards, ordinary civilian men, women and children following the joint security raid on the Buhikira Palace.

The king was then forcibly frog-marched from the burning palace and spirited hundreds of kilometres away to the infamous Nalufenya police safe house detention centre in Jinja. He was later charged and sent on remand to Luzira prison in Kampala.

Weeks later, the Omusinga was released on bail, but his movements were restricted to the three central Uganda districts of Kampala, Wakiso and Jinja. 

The others also brutally arrested following the attack were similarly transported to Jinja, locked up and reportedly severely tortured by security agents.

At one of their appearances, the court in Jinja was shocked by the wounds and other injuries marking their frail bodies – all reportedly suffered at the hands of government security personnel.
An unknown number of these individuals later died while in custody.

With human rights defenders and opinion leaders in and around Kasese demanding an investigation of the army with a view to prosecute, this case has dragged on and was stuck at pre-trial stage.

Under the charge of treason, the prosecution had claimed that Omusinga and group, between March 2016 and November 2016, at diverse places within Kabarole and Kasese districts, contrived a plot to overthrow the government of Uganda as by law established by force of arms, and expressed such a plot by utterances and overt acts such as attacks on various police establishments.

The state alleged that the suspects killed several police officers, robbing them of arms and ammunition, recruited individuals to join in an armed insurrection against the government, provided and participated in military training in preparation for armed insurrection to overthrow the government.

They were also accused of acquiring military-style communication equipment such as walk-talkies, participation in planning meetings in Uganda and abroad, and attempts to acquire arms and ammunition.

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Under the charge of terrorism, prosecution alleged that between March and November 2016, in Kabarole and Kasese districts, the group indiscriminately, without due regard to the safety of others, involved themselves in the murder and attempted murder of police personnel, UPDF personnel, civilians and attacked police establishments.

Attempts at prosecuting government officials 

In September 2018, then Chief Prosecutor of the International Criminal Court (ICC), Fatou Bensuoda, confirmed that her office based in The Hague, Netherlands, had received a petition by a group of Opposition politicians from Uganda, requesting that she starts investigations into the infamous killings at Omusinga Mumbere’s palace.

She revealed that the “Situation Desk” at The Hague-based court had since taken over the petition.
“I cannot give details now but it is being reviewed under the situation desk,” Ms Bensuoda said while meeting a delegation of Ugandans who had visited The Hague during the ongoing trial of former Lord’s Resistance Army rebel commander Dominic Ongwen.

The response by Ms Bensuoda was prompted by a petition that had been filed to her office by a group of Opposition MPs from Rwenzori Sub-region seeking the prosecution of some Ugandan government and security officials who commanded the attack which led to the killings at the palace.

The ICC petition was against President Museveni in his capacity as the commander-in-chief of the armed forces; Lt Gen Peter Elwelu, who led the assault on the palace as UPDF 2 Division commanding officer, and then Assistant Inspector of Police Asuman Mugenyi.

The petition mentioned royal guards, women, children, visitors and domestic workers as victims of the said attack.

The legislators from Rwenzori region, who were behind this petition included; Robert Centenary (former Kasese Municipality), William Nzoghu (Busongora East), Atkins Katusabe (Busongora West) and Wilfred Niwagaba.

In March 2017, Human Rights Watch, an international non-governmental organisation headquartered in New York, US called for independent investigations into the Kasese killings.

But in December 2020, the ICC in its report said the clashes between the government and Rwenzururu kingdom did not amount to crimes against humanity or genocide before abandoning the investigations.

Background

Following a spate of attacks and unrest in southwestern Uganda, a regional security meeting was convened on November 21, 2016 at Kabarole District headquarters attended by area resident district commissioners (RDCs), district chairpersons and security leaders from the seven districts which make up the Rwenzori sub-region. 

The meeting resolved that all camps which had been established by Rwenzururu royal guards in Kamabale Village of Nyabiswa Sub-county in Kabarole; Ihandiro Sub-county in Kasese; Kakibuta and Kakimiara also in Kasese, be dismantled by security forces.

Elements associated with the royal guards responded to these plans by allegedly intensifying attacks against isolated police posts. At least 14 policemen were killed and six guns stolen. 

They also ambushed and burnt a police patrol vehicle in Kiburara. In all these incidents, the attackers used assault rifles, petrol bombs, grenades, machetes, spears and daggers. At least 46 guards lost their lives, while 149 were arrested. Most of the attackers, who were organised under the label, “Kilhumira Mutima” allegedly retreated into the palace with their weapons.

This led to negotiations with the king by both security and political leaders for the attackers to surrender and handover the weapons. 

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Matters came to a head on November 26, 2016, in Kasese Town after a combined security force, comprising soldiers and police personnel, raided the administrative offices of the Rwenzururu kingdom in Kasese Town, killing eight royal guards before arresting two others. 

The following day, November 27, 2016, the state security forces surrounded Omusinga Charles Wesley Mumbere’s Buhikira Palace and at about 11am. communicated an ultimatum -- for suspected secessionist militants to disband and surrender -- reportedly issued from the highest echelons of military command. 

Two hours later, at approximately 1pm., heavy gunfire broke out and explosions rocked the tense air as the troops stormed the palace. 

The government would later report 87 royal guards and 16 policemen dead in the fierce but brief fighting which ensued. This figure kept being changed and to-date, no firm number of deaths has been officially established. Independent sources, however, believe more than 150 men, women and children died in the deadly attack.

It was reported that the ultimatum issued to the king, demanded that he hands over his royal guards and their weapons within two hours or face fire. 

On November 30, 2016, King Mumbere was formally paraded before a magistrate’s court in Jinja and charged with treason, among other charges.