The Rwenzururu Kingdom’s King Charles Wesley Mumbere asked to have property taken during his imprisonment in 2016 released, but the High Court’s International Crimes Division turned down his appeal.
Among the things taken into custody are a car, a personal handgun (a pistol), and a residence that is regarded as his palace.
According to Justice Alice Komuhangi Khaukha, it would be premature to release the property because the litigation of the objects is still pending.
The former Prime Minister of the King, Thembo Kitsumbire, is presently on trial, and the artefacts are regarded as exhibits in his trial.
“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.
The Court states that Rule 27 of the Constitution (Management of Exhibits) (Practice) Directions, 2022 addresses exhibit disposal.
Sub-rules 4 and 5 of the same document state that exhibits must be dealt with by court order prior to, during, or following the trial, depending on their nature, and that they cannot be released or destroyed until the right of appeal has been fully utilized.
King Mumbere had requested that the court release the following properties: the Rwenzururu Kingdom administrative building located on Alexander Street in Kasese Municipality; a residential house that served as his palace (Buhikira Royal Palace) located on Kibanzaga Road Plot No. 36 Kasese Municipality; a 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, and a pistol case.
Attorneys for King Mumbere contended that since the allegations against him were withdrawn in June 2023, the ongoing seizure of his belongings was not required.
Justice Komuhangi, however, drew attention to the fact that although the accusations against the King were dropped, Thembo Kitsumbire, who was charged alongside the King, is still facing charges about the same incidents that occurred in 2016.
The judge referenced a specific court rule that states exhibits cannot be destroyed or released until all appeal options have been considered.
This implies that before receiving his confiscated property back, King Mumbere will probably need to wait for Kitsumbire’s trial to be over.
Giving Context
According to court documents, on November 27, 2016, King Mumbere, his former prime minister Thembo Kasubire, and 217 royal guards were taken into custody from his Buhikira Royal Palace due to skirmishes between security agencies and the Rwenzururu Kingdom that resulted in the deaths of over a hundred individuals.
At first, the King was accused of treason, terrorism, murder, and willful destruction of property. But in June 2023, the Director of Public Prosecutions (DPP) dropped these accusations.
The judge pointed out that although charges against King Mumbere and a few other individuals were dismissed, his former prime minister, Thembo Kitsumbire, is still being tried by the same court on treason, misprision of treason, and terrorism relating to the events of 2016.
