Forty-nine Rwenzururu loyalists have asked the International Crimes Division-ICD of the High Court sitting in Jinja city to release them citing illness and psychological disorders resulting from their long stay in prisons without trial.

They are part of the 221  Rwenzururu loyalists who were arrested together with their King Charles Wesley Mumbere during the November 2016 clashes with joint security forces at the Buhiinga palace in Kasese district. They were charged with 42 counts ranging from terrorism, treason, murder, kidnap, kidnap with intent to murder, malicious damage, and aggravated robbery, among others.

Representing the accused persons during the hearing at the Jinja-based Kirinya main prison on Tuesday, the defense counsel, Alfred Makhasi told ICD Judge, Alice Komuhangi that his clients are frail with most of them suffering from abdominal ulcers.

He explained that a medical report certified by Kirinya prisons health center III in charge indicates that most of the suspects are developing non-communicable diseases while the elderly are suffering from psychological stress and depression following their six-year-long incarceration without trial. John Sibanza,56, told the court that he had developed peptic ulcers, and a skin allergy and asked the court to release him to bail to access suitable treatment. 

Eria Kule,76, also informed the court that he suffers from hypertension resulting from old age and his continued detention has denied him the opportunity of fully living a healthy life. Alex Bakula, 47, also told the court he developed sight defects during his arrest in 2016, saying that unless addressed, it will result in total blindness.

Makhasi presented six sureties including the Rwenzururu kingdom premier, Joseph Muranga, the Kasese Deputy Resident District Commissioner, Maate Magwara, the Kingdom spokesperson, John Byaruhanga, Justus Ngasirwa, Slyvester Masereka, and Adjib Kitelamelwa. However, Chief State Attorney Joseph Kyomuhendo objected to the bail application, saying that the applicants are facing capital offenses, some of which can result in death penalties on conviction, which can force them to abscond from the trial.

Kyomuhendo noted that the applicants' lawyer failed to produce satisfactory evidence indicating that their illnesses cannot be fully managed in prison health facilities. He also revealed that the prosecution had finalized investigations and is set for trial. He noted that releasing the accused persons might threaten the well-being of key state witnesses.

In a rejoinder, Makhasi informed the court that the mere fact that the first batch of 132 accused persons who were released on bail have never involved themselves in violent-related activities is a confirmation that the applicants will lead peaceful lives and abide by the court guidelines. Komuhangi adjourned the court session, saying that she will deliver the ruling via a notice at a later date, which will be communicated to the applicants and prosecution lawyers.