The High Court in Kampala has awarded exiled writer Kakwenza Rukirabashaija 50 Million Uganda Shillings in Damages against the Government of Uganda for violating his rights when he was arrested in April 2020.
The High Court presided over by Justice Boniface Wamala, found that the government violated Kakwenza’s right to personal liberty when it arrested and detained him for seven days between 13 April 2020 and 20 April 2020, contrary to Article 23(4) of the Constitution of Uganda.
The Court also ruled that the actions of the government’s officers of beating, kicking, blindfolding, hanging and dragging Kakwenza while hand and leg cuffed and his incommunicado detention amounted to torture, cruel, inhuman, and degrading treatment and therefore constituted a breach of his right to human dignity and freedom from torture, cruel, inhuman and degrading treatment under Article 24 and 44 (a) of the Constitution.
Further, the Court found that the government violated his right to privacy when its agents searched Kakwenza’s person, home and property without a search warrant contrary to Article 27 (1) (a) and (2) of the Constitution.
In his case, Kakwenza Rukirabashaija alleged that his arrest and the subsequent actions of the government were triggered by the publication of his book, “The Greedy Barbarian,” several newspaper articles, and social media posts. However, Justice Boniface Wamala found no evidence to support this contention, given that copies of the same were not adduced as evidence in the Court.
This led to the failure of the writer’s allegation that his freedom of expression, conscience, and belief was violated by the government as well.
“… having found that the applicant was unlawfully detained in violation of his right to personal liberty, subjected to torture, inhuman and degrading treatment, and violation of his right to privacy; it follows that the applicant is entitled to compensation by way of general damages for such wrongful conduct on the part of the officers or agents of the respondent [the Government]. Regarding the extent of the harm occasioned to the applicant and the assessment of the appropriate measure of damages to be awarded to the applicant, I have taken into account the facts surrounding the applicant’s arrest and detention, the torture and pain he underwent, the period the applicant stayed under detention before being arraigned in court, and the physical and psychological pain suffered by the applicant at the hands of the respondent’s agents from the time of arrest until he was released. The facts adduced by the applicant disclose sufficient evidence of physical and psychological pain, suffering and mental anguish suffered by the applicant…As such, I have found a sum of UGX 40,000,000/= (Uganda Shillings Forty Million only) appropriate as general damages in the circumstances and I award the same to the applicant.” Justice Boniface Wamala said.
Kakwenza was also awarded the costs of the suit and an extra 10 Million in exemplary damages because the government officers had “acted in a high-handed manner, without accountability for their actions and as if they were not responsible to anyone.”
“Evidence has shown that the Applicant stayed under illegal detention for 7 days, and was subjected to acts of torture and invasion of his right to privacy. The evidence discloses high-handedness, unconstitutional, oppressive and arbitrary conduct on the part of the said agents of the respondent. Such conduct and circumstances call for an award of exemplary damages. Upon such evidence and circumstances, I award a sum of UGX 10,000,000/= (Uganda Shillings Ten Million Only) as exemplary damages against the respondent.” Justice Boniface Wamala stated.
Benjamin Ahikiiriza is a legal writer and publisher of the Legal Reports Digital Media.