By Our Reporter
NATIONAL
The Director of Public Prosecutions (DPP) has obtained a court order for the extradition of Rtd Lt. Katungi Michael Mpeirwe, to the United States of America to face charges related to terrorism and drug trafficking.
The Chief Magistrate’s Court of Buganda Road, presided over by Her Worship Ritah Kidasa Neumbe, has today, August 28, 2026, found that the DPP’s application for the extradition of Rtd Lt. Katungi Michael Mpeirwe to the United States of America satisfied all the legal requirements under the Extradition Act, Cap. 124. Accordingly, the Court committed Rtd Lt. Katungi Michael Mpeirwe to prison pending his extradition to the United States of America.
The ruling follows an extradition request by the Government of the United States of America seeking the surrender of Rtd Lt. Katungi Michael Mpeirwe to stand trial before the United States District Court for the Eastern District of Virginia. He faces three charges:
Conspiracy to distribute and possess with intent to distribute five kilograms or more of cocaine;
Conspiracy to possess firearms, including a machine gun and destructive device, in furtherance of a drug-trafficking crime; and Conspiracy to provide material support to a designated foreign terrorist organisation, identified as Cartel de Jalisco Nueva Generación.
The DPP represented the Republic of Uganda as the Applicant in the proceedings. Ms. Adrine Asingwire, Chief State Attorney in the Office of the Director of Public Prosecutions, argued the application. The Respondent was Rtd Lt. Katungi Michael Mpeirwe.
The Court considered and dismissed all the preliminary objections raised by the Respondent. These included challenges to the procedure used to initiate the proceedings; the authority of the Minister of Justice and Constitutional Affairs and the Solicitor General to process the extradition request; a claim of diplomatic immunity; and the argument that the Director of Public Prosecutions lacks legal standing to conduct extradition proceedings.
On the issue of diplomatic immunity, the Court held that such immunity applies only in the receiving State where a diplomat is accredited and does not extend to proceedings in Uganda or in third States. The Court further affirmed that the Director of Public Prosecutions has the constitutional mandate under Article 120 of the Constitution to institute and conduct proceedings of this nature on behalf of the State.
The Court also noted that an affidavit previously filed in support of the application by Michael D. Stanton had been expunged from the record after the deponent failed to appear for cross-examination. However, the remaining evidence, including the affidavit of D/SSP Kule Yona and duly authenticated documents from the United States authorities, was found sufficient to meet the legal threshold for committal under the Extradition Act.
In its determination, the Court found that Rtd Lt. Katungi Michael Mpeirwe had been properly identified, that the offences were not of a political character, and that the requirement of dual criminality had been satisfied. The Court further found that the alleged conduct corresponds to offences under Ugandan law, including drug trafficking, unlawful possession of firearms, and terrorism-related offences.
The Court emphasised that extradition proceedings require the establishment of a committal threshold based on sufficient evidence and do not require proof beyond reasonable doubt. The Court further held that the absence of a Ugandan police file did not invalidate the proceedings, given that the alleged offences were committed outside Uganda and were supported by duly authenticated documents from the United States authorities.
Accordingly, the Court ordered that Rtd Lt. Katungi Michael Mpeirwe be committed to prison to await the Minister’s order for his surrender to the United States of America. The Court further directed that any extradition shall be subject to the principle of specialty, which limits prosecution in the requesting State to the offences specified in the extradition request.
The Court also ruled that Rtd Lt. Katungi Michael Mpeirwe shall remain on remand while retaining the right to challenge the committal in accordance with the law.
