Court Throws Out Case Against LGBTQ+ Activists After Three-Year Battle

A Ugandan court has acquitted two employees of Sexual Minorities Uganda (SMUG) who were accused of assault by Elisha Mukisa, a self-proclaimed “ex-gay” crusader linked to anti-rights, anti-gender, and anti-LGBTQ+ groups in Uganda.

On May 19, 2022, following an attack and destruction of property at SMUG, two colleagues went to Ntinda Police Station in Kampala to report the incident. Instead of receiving the protection and justice they sought, they were unjustly arrested, coerced into making statements and detained on assault charges filed by Mukisa.

Shortly after, on August 3, 2022, the NGO Bureau publicly halted SMUG’s operations.

The duo was later released on police bond and appeared before the Kampala Capital City Authority (KCCA) Court. However, their lawyers argued that the court lacked jurisdiction to hear the case, leading to its transfer to Nakawa Chief Magistrates Court, under Ntinda, where it was originally registered.

Despite attending all court sessions, the accused never saw their accuser appear 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 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 individuals and a former SMUG staff member.

Dr Frank Mugisha 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.”

For nearly three years, Mr. Douglas Mawadri, an advocate in the case, said they endured a prolonged legal battle, exemplifying the systemic injustices faced by LGBTQ+ activists and human rights defenders.

“This case dragged on with baseless prosecution, multiple adjournments, and no real trial. Police must end arrests based on suspicion and hearsay. I hope those vindicated find healing from this ordeal,” he stated.

Fridah Mutesi, an advocate from Ubuntu Law and Justice Centre (UBUNTU), noted, “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 SMUG acknowledges this legal victory, its leaders 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,” added Dr. Frank Mugisha.

“We extend our gratitude to our legal team, partners, and the broader LGBTQ+ community for their unwavering support throughout this ordeal. Together, we will continue challenging injustice and working towards a future free from discrimination and persecution. While this chapter has closed, our fight for equality and justice continues. ALUTA CONTINUA!” read a statement from SMUG.