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  • However, in her ruling, Lady Justice Alice Komuhangi Khaukha pointed out that although Mumbere is now free, the state intends to use the confiscated property as exhibits in an ongoing case against other individuals, including Thembo Kitsumbire, a former Prime Minister in the Rwenzururu kingdom, who faced similar charges.
  • Among the items Mumbere sought to be returned were a personal Pistol (Israel make) gifted to him by President Yoweri Kaguta Museveni, his residential palace (Buhikira Royal Palace) located on Kibanzaga Road Plot in Kasese Municipality, a Supreme Toyota Land Cruiser with Number Plate “Omusinga”, a Toyota Noah van, and a Ford pick-up lead car with Number Plate “Royal Guards”.

Court Declines to Release Mumbere’s pistol and other belongings

Court Dismisses Mumbere’s Plea for Return of Confiscated Property

The High Court of the International Crimes Division (ICD) in Kampala has rejected an application filed by Charles Weasley Mumbere, the Cultural Leader of Rwenzururu Kingdom, seeking the return of his confiscated property following his arrest on November 27, 2016.

Among the items Mumbere sought to be returned were a personal Pistol (Israel make) gifted to him by President Yoweri Kaguta Museveni, his residential palace (Buhikira Royal Palace) located on Kibanzaga Road Plot in Kasese Municipality, a Supreme Toyota Land Cruiser with Number Plate “Omusinga”, a Toyota Noah van, and a Ford pick-up lead car with Number Plate “Royal Guards”.

Mumbere argued for the return of these items on the basis that the Director of Public Prosecutions (DPP) had withdrawn all charges against him, rendering him a free man.

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However, in her ruling, Lady Justice Alice Komuhangi Khaukha pointed out that although Mumbere is now free, the state intends to use the confiscated property as exhibits in an ongoing case against other individuals, including Thembo Kitsumbire, a former Prime Minister in the Rwenzururu kingdom, who faced similar charges.

Justice Khaukha emphasized that disposing of the listed properties at this stage could negatively impact the ongoing case, as these items may be crucial exhibits for the prosecution.

Additionally, the judge highlighted that Mumbere’s application was premature, as the court is yet to make a ruling on the confirmation of charges. Returning the listed properties to Mumbere before this ruling could prejudice the case, especially if charges are confirmed against the remaining accused individuals.

Furthermore, Justice Khaukha noted that Article 26 of the Constitution, which Mumbere invoked to claim his property rights, applies to compulsory deprivation of property, which is not applicable in this case. Mumbere failed to provide evidence that his property was compulsorily deprived; instead, the items were retrieved as exhibits during a criminal investigation, as confirmed by both Mumbere and the Respondent.

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