Ugandan court dismisses assault case against LGBTQI+ activists
After nearly 3 years of hearings, Ugandan court ruled there were no grounds to continue the case.
A Ugandan court has dismissed charges against two human rights activists who were accused of assaulting Elisha Mukisa, a self-proclaimed “ex-gay” crusader currently working with local homophobic groups.
The two defendants, identified here only as DSB and HN for their safety, are employees of the LGBTQI+ rights advocacy group Sexual Minorities Uganda (SMUG). They were arrested on May 19, 2022, at Ntinda Police Station in Kampala City where they had gone to report an attack and malicious destruction of property at SMUG offices.
“Rather than receiving the protection and justice they sought, they were unjustly arrested, coerced into making statements and detained on fabricated assault charges”, SMUG stated in a press release.
Their accuser, Elisha Mukisa, is the person SMUG believes was the main perpetrator of the homophobic attack that the now-acquitted duo had gone to report.
DSB and HN were later released on police bond and appeared before the Kampala Capital City Authority (KCCA) Court. Their lawyers argued that the court lacked jurisdiction to hear the case, leading to its transfer to Nakawa Chief Magistrates Court.
Their accuser never appeared in court after the case was transferred to Nakawa. Reports indicate that the prosecutor frequently requested case adjournments due to a lack of evidence.
On Aug. 3, less than three months after the arrests, Uganda’s Non-Government Organisations (NGO) bureau ordered a halt to all SMUG operations, raising suspicions that the two events were connected.
The case dragged on for nearly three years with what SMUG describes as baseless prosecution, multiple adjournments, and no real trial.
On March 20, 2025, His Worship Frank Namanya, Grade 1 Magistrate at Nakawa Chief Magistrates Court, ruled that there were no grounds for the case, leading to the acquittal of the accused.
“I’m so relieved and grateful to God Almighty that the truth has finally come to light. This acquittal is a testament and a reminder that justice can prevail, even in the face of adversity,” said DSB, one of the acquitted.
Frank Mugisha, the executive director of SMUG, welcomed the verdict, stating, “This case is a clear example of how Uganda’s hostile legal and political environment is weaponized against LGBTQ+ individuals. The fingerprints of anti-rights and anti-LGBTQ+ groups are all over this injustice, where victims seeking protection are instead criminalized.”
Douglas Mawadri an advocate in the case, says the prolonged legal battle exemplified the systemic injustices faced by LGBTQ+ activists and human rights defenders.
“Police must end arrests based on suspicion and hearsay. I hope those vindicated find healing from this ordeal” he said.
Fridah Mutesi, another advocate in the case, working with Ubuntu Law and Justice Centre (UBUNTU), said:
“Litigating against hate and pushing for the acceptance of SOGIESC [Sexual Orientation, Gender Identity and Expression, and Sex Characteristics] issues will take time, but we will win eventually. After representing our clients in court over thirty times, today the court agreed with our submissions, ruling that our clients had no case to answer, thereby acquitting them from criminal prosecution.”
While this chapter has closed, SMUG insists that the fight for equality and justice continues.
“While we acknowledge this legal victory, we remain concerned about the broader climate of persecution and criminalization facing LGBTQ+ individuals and organizations in Uganda. This case serves as a stark reminder that advocating for LGBTQ+ rights in Uganda remains a high-risk endeavor. The continued targeting of our community through misinformation, fabricated charges, arbitrary arrests, and legal harassment is an attempt to silence us. Let this victory be a symbol of our resistance, resilience, and hope”, SMUG stated.
