KAMPALA -High Court Judge Boniface Wamala has ordered the government of Uganda to pay exiled Ugandan Novelist Kakwenza Rukirabashaija a total sum of fifty million shillings resulting from the torture case he filed against government (Attorney General).
“ The actions by the respondent’s officers or agents of detaining the applicant from 13th April 2020 to 20th April 2020 (a period of seven days) was illegal and violated the applicant’s right to personal liberty guaranteed under Article 23(4) of the Constitution of the Republic of Uganda.” Ruled court
It was court’s findings that the actions by the respondents’ officers or agents of beating, kicking, blindfolding, hanging and dragging him while hand and leg-cuffed, and incommunicado detention done against the applicant; amounted to torture, cruel, inhuman and degrading treatment and constituted breach of the Applicant’s right to human dignity and freedom from torture, cruel, Inhuman and degrading treatment under Articles 24 and 44(a) of the constitution of the Republic of Uganda.
That it was also unlawful for government agents to search or interfere with Kakwenza’s home and other property without a search warrant which infringed on his right to privacy of person and property contrary to Article 27(1)(a) and (2) of the Constitution of Uganda.
“Court Orders for; Payment by the respondent of a sum of UGX 40,000,000/= (Uganda shillings Forty Million only) as general damages to the applicant. Payment by the respondent of a sum of UGX 10,000,000/= (Uganda shillings Ten Million only) as exemplary damages to the applicant.”
Court further ordered that government also to pay taxed costs for this application.
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