The International Crimes Division of the High Court has ruled that Rwenzururu Royal Palace is still a crime scene until all legal matters are sorted out.

The courts pronouncement accordingly declines to grant the Obusinga bwa Rwenzururu King Charles Wesley Mumbere his wish, where he wanted the Buhikira Royal Palace and other properties confiscated by the Police on November 27, 2016, to be released to him.

The Palace is situated on Kibanzaga Road Plot No. 36 Kasese Municipality.

Other properties include a Supreme Vehicle Toyota Land cruiser with Number Plate Omusinga 1; a Toyota Noah van; a Pick-up lead car ford with Number Plate Royal Guard; a personal Pistol (Israel make) which President Yoweri Museveni bought for him and the Rwenzururu Kingdom administrative building situated at Alexander Street, Kasese Municipality.

Mumbere wanted the properties to be handed over to him on grounds that the Director of Public Prosecutions withdrew charges of terrorism, treason, attempted murder and aggravated robbery against him and 200 royal guards.

All the charges were withdrawn against the accused persons, except Masereka Kamada and Johnson Thembo Kitsumbire, the kingdom’s former minister, who are undergoing pre-trial after declining to apply for amnesty.

The offences attract maximum sentences of death and life imprisonment, upon conviction.

The group of 218 suspects had been implicated in the September 14, 2016 murder of Police Constable (PC) Saverio Ochema and Simon Peter Apille. They had also been accused of attempting to murder PC Polycarp Ojoko, Benon Byaki, Francisco Nsimaki, and Assistant Inspector of Police Denis Ahebwa.

In a ruling released by the Judiciary today, May 7, 2024, Justice Alice Khaukha Komuhangi noted that the properties are not in the category of exhibits that should be released before the pre-trial stage is completed.

“I am satisfied that the deprivation of the said properties is justifiable in the circumstances because the pre-trial is still ongoing. In particular, on March 11, 2024, the prosecution in agreement with Counsel for the accused marked disclosures, which were inclusive of the said listed property as identified prosecution exhibits,” she noted.

The judge ruled that the application filed by Mumbere is premature because the court is yet to give its ruling on the confirmation of charges against Kitsumbire and  Kamada.

She, therefore, stated that handing back the properties to Mumbere could be prejudicial to the case if the charges are confirmed against the remaining accused persons, who will be committed for trial.

Komuhangi explained that disposal of exhibits is provided for under Rule 27 of the Constitution (Management of Exhibits) (Practice) Directions, 2022.

The rule stipulates that exhibits should not be released or destroyed until the right of appeal is exhausted and exhibits shall be disposed of by order of court before, during, or after the trial depending on their nature.

During the hearing of the case, Mumbere was represented by lawyer Alfred Makasi, while the Office of the Director of Public Prosecutions by Chief State Attorney Lillian Omara and Senior State Attorney Marion Ben-Bella.