KAMPALA– The International Crimes Division of the High Court of Uganda on Monday, 23rd June 2025, dismissed an application by Jamil Alilabaki Kyagulanyi (Jamil Mukulu), Muhammed Matovu, and Omar Abdallah Mutuka that sought to halt terrorism proceedings against them. The applicants challenged their prosecution on multiple grounds, but the court upheld the continuance of their criminal trial, affirming that despite acknowledged procedural irregularities, the trial’s integrity remains intact.
The applicants argued that; Uganda’s subsequent addition of terrorism and attempted murder charges exceeded the scope of offences permitted under their 2015 Tanzanian extradition order, that their right to be presumed innocent was violated when they were publicly displayed as terrorists in press conferences, that they were detained beyond 48 hours, that they were tortured, that their property was wrongfully seized and that their trial had been delayed.
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Whereas the court noted that there were some procedural irregularities, it did not find them sufficient to nullify the trial of the applicants. The court did not particularly find sufficient evidence to prove that the applicants had been tortured. It also rejected the allegation of wrongful seizure of property.
Addressing trial delays, the court held that the complexity of the ADF-dominated case, intertwined investigations across jurisdictions, and the COVID-19 disruptions did not violate their right to a speedy trial.
The court concluded that the rights violations were not “gross” enough to render the trial invalid. The High Court therefore refused to halt the proceedings and directed that the trial should proceed to adjudicate substantive charges.
The court advised that any interest in compensation be pursued through appropriate civil channels, as criminal court jurisdiction is confined to enforcing criminal process and not awarding damages.
The ruling of court is significant in the following terms;
Upholding Due Process: The court struck a nuanced balance between affirming the legitimacy of Mukulu and his co-accused’s prosecution for grave crimes and enforcing constitutional safeguards gravely breached in pre-trial procedures.
Guidance on Evidence and Sovereignty: The decision clarifies that non-derrogable rights such as the presumption of innocence must be honored but cannot be weaponized to derail legitimate criminal prosecution.
Framework for Compensation: It sets a distinct pathway for remedy through civil courts for rights infringements, reinforcing the separation of civil redress from criminal accountability.
While acknowledging significant procedural infringements in the treatment of Mukulu and his co-accused, Uganda’s International Criminal Division bench panel reaffirmed that “the right to walk free is not greater than the right to walk upright in justice.” The trial will proceed, allowing the suspected ADF leaders to defend the serious charges levied against them, while preserving their constitutionally protected rights through parallel civil remedies.
Prosecution contends that Mukulu and the group committed these offenses in various districts such as Kampala, Wakiso, Mayuge, Budaka and Mbale among others and that the indiscriminate attacks instilled fear in the public to influence it for either a social, political, economic or religious aim.
Mukulu was arrested in 2015 from Tanzania and later he was extradited to Uganda.
Prosecution told court that it has a number of exhibits to use in pinning the accused which include explosives, literature related to activities of ADF, car number plates, confession statements of some of the suspects were recovered from the houses of the suspects.
