Magistrate Ainembabazi Explains Why She Denied Alex Waiswa Mufumbiro Bail – Making it Impossible for Him to Bury His Wife

KAMPALA — Jailed National Unity Platform (NUP) deputy spokesperson Alex Waiswa Mufumbiro has been denied bail, dashing his hopes of attending the burial of his wife, who died earlier this week after a long illness.

Mufumbiro, who is on remand at Luzira Prison, had applied for temporary release to bury his wife, Edith Katende Mufumbiro, who succumbed to cancer.

In an emotional letter addressed to Chief Justice Flavian Zeija, he described his request as a final act of love, noting that it had been his wife’s last wish that he be present to lay her to rest.
“I approach Your Lordship… to permit me one final act of love for my wife,” he wrote in the April 8 appeal, urging the judiciary to grant him bail on humanitarian grounds.

According to reports by

Prison authorities insisted they had no legal mandate to release a remand prisoner to attend a burial unless bail is granted by court.

They emphasized that the decision lay solely with the judiciary, and that there is currently no law allowing temporary release in such circumstances.

Mufumbiro’s case is complicated by multiple charges in different courts, making it difficult to secure bail.

Mufumbiro has made several unsuccessful bail applications since his arrest last year.

Kawempe Chief Magistrate’s Court convened to rule on his latest bail application on Friday.

However, the court declined to grant him bail, effectively preventing his release in time for the burial.

Chief magistrate Doreen Ainembabazi delivered her ruling via Zoom. Ainembabazi dismissed the application on grounds that the charges were serious and that Mufumbiro would likely abscond if she released him.

“The offence the applicant is charged with is serious and attracts a maximum sentence of up to 10 years’ imprisonment upon conviction,” noted Ainembabazi.

“Given the severity of the punishment, the court finds a high risk that the accused may not return for trial if released on bail.”

Mufumbiro is facing charges including unlawful assembly and alleged military-style training. Prosecutors previously opposed his release, arguing that granting bail could interfere with ongoing investigations.

The magistrate said that the investigations into Mufumbiro’s charges were complete.

Ainembabazi said: “The state is ready to proceed, and this matter should be disposed of expeditiously.”

Magistrate Ainembabazi also agreed with the state prosecution in rejecting Mufumbiro’s sureties who included his father, retired magistrate Moses Baligeya, and newly elected lord mayor Eng Ronald Balimwezo Nsubuga.

The death of Mufumbiro’s wife has drawn sympathy from political figures, with some opposition leaders criticising the justice system for what they described as a lack of compassion. Others, however, maintain that the courts must operate within the confines of the law.
Edith Katende Mufumbiro died in Kampala after a prolonged battle with cancer. She is expected to be laid to rest in Luuka District.
For Mufumbiro, the denial of bail means he will remain in custody as his family proceeds with burial arrangements without him — a situation he had pleaded with the courts to avoid.

Mufumbiro’s lawyer Samuel Muyizzi said the ruling now means that NUP’s deputy spokesperson would not be able to grant his wife’s dying declaration and request.

Muyizzi also rapped court locking out the media, describing the whole process as “Justice hidden, justice denied in a kangaroo court,” and decrying “the rule of political instructions.”

Read related reporting Here, There and Over There.