The High Court has ordered government to pay Shs10 million in compensation to Kengo Ismail for violating his constitutional right to personal liberty after he was detained beyond the mandatory 48 hours without being produced in court.
In his ruling, justice Collins Acellam found that Kengo’s prolonged detention by police contravened Article 23(4) of the Constitution, which requires that a suspect be arraigned before court within 48 hours of arrest.
“A declaration is issued that the applicant’s detention in police custody beyond the constitutionally prescribed forty-eight hours without being produced before a court of law violated his right to personal liberty,” he ruled.
The judge noted that any person unlawfully detained by the State or its agents is entitled to compensation, awarding Kengo general damages of Shs10 million.
Kengo dragged the Inspector General of Police and the Attorney General to court in 2024, accusing them of multiple unlawful arrests and detentions.
Court heard that he was first arrested on January 2, 2024, at Exim Bank Uganda Limited premises over allegations of theft of unspecified sums of money from his employer. He was later charged with stealing Shs144.5 million.
Kengo stated that he was only arraigned in court on January 5, 2024 more than 48 hours after his arrest and was subsequently remanded to Luzira Prison.
He further told court that after securing bail, he was rearrested on February 10, 2024, and detained at Central Police Station (CPS) Kampala for more than 48 hours before being released on police bond on February 20, 2024.
According to his application, Kengo was again arrested on March 21, 2024, shortly after leaving the Chief Magistrate’s Court at Buganda Road, despite being required to report to CPS Kampala the following day.
He argued that no reasons were given for this arrest, and that he was detained and later released without any charges being preferred against him.
Kengo contended that these repeated arrests and prolonged detentions were unlawful and amounted to a violation of his constitutional rights.
The applicant also accused police of unlawfully seizing his duplicate certificate of title for land in Kyaggwe Block 119 Plot 242 during a search of his home.
He maintained that the land title, registered in 2012 before he joined Exim Bank, was unrelated to the criminal case and should have been returned.
Despite writing to police and the Chief Resident State Attorney seeking its release, the document was not returned.
However, the respondents argued that the title was recovered during investigations and retained as an exhibit on suspicion that it could be proceeds of crime.
The Inspector General of Police and Attorney General denied wrongdoing, describing Kengo’s application as containing falsehoods and conjecture that offended rules of pleadings.
They maintained that his arrest and subsequent arraignment on January 5, 2024, complied with legal procedures, and that all actions taken by investigators were within the law.
In its determination, the court focused on whether Kengo had been detained beyond the constitutionally permitted period.
It concluded that his right to liberty had indeed been violated and that he was entitled to compensation.
The ruling reinforces the constitutional safeguard against prolonged detention without trial and underscores the State’s obligation to uphold individual rights during criminal investigations.
