High Court Judge Boniface Wamala has ordered the Ugandan government to compensate exiled Ugandan novelist Kakwenza Rukirabashaija with UGX 50 million for the torture he suffered at the hands of government agents.
This ruling follows a case filed by Kakwenza against the government, specifically the Attorney General, after he was unlawfully detained and subjected to inhumane treatment in April 2020.
According to the court’s ruling, the government violated Kakwenza's rights by detaining him from April 13th to April 20th, 2020, without due process. The court found this action to be illegal and in breach of Article 23(4) of Uganda's Constitution, which protects the right to personal liberty.
Additionally, the court condemned the cruel and degrading treatment Kakwenza endured, including being beaten, kicked, blindfolded, and kept in incommunicado detention while handcuffed. These acts were deemed violations of his right to freedom from torture and inhumane treatment under Articles 24 and 44(a) of the Constitution.
The ruling also found that government agents unlawfully searched Kakwenza’s home without a warrant, violating his right to privacy under Article 27(1)(a) and (2).
As a result, the court awarded Kakwenza UGX 40 million in general damages and UGX 10 million in exemplary damages. The government was also ordered to cover the taxed costs of the application.
