The High Court in Kiboga has awarded Shs 286 million to Flavia Kyomuhendo Musiitwa following the death of her husband, Dr. Musiitwa Michael Mugwanya.
In 2022, Kyomuhendo sued the Kiboga District Local Government seeking special damages, general damages, interest, and costs of the suit. Her claim stemmed from the circumstances surrounding her husband’s death, which she alleged occurred in the course of his employment.
At the time of his passing, Dr. Musiitwa was employed as the District Medical Officer by Kiboga District Local Government. It was alleged that he contracted COVID-19 while on duty after examining a patient, Magret Ggulu, who was later confirmed to have the virus.
Kyomuhendo stated that her husband returned to their home in Kampala from Kiboga on November 13, 2020. He later received a call from the COVID-19 response team in Kiboga, informing him to self-isolate because Ggulu, whom he had recently treated, had tested positive for the virus. On November 15, 2020, Dr. Musiitwa also tested positive for COVID-19.
He was subsequently transferred to Mulago National Referral Hospital, where he succumbed to complications related to the virus.
Kyomuhendo filed a compensation claim with Kiboga District as her husband’s employer. However, the claim was not honored, prompting her to pursue legal action.
In its defense, Kiboga District argued that COVID-19 was a global pandemic and an unforeseeable occupational hazard. The district maintained that there was no conclusive evidence that Dr. Musiitwa contracted the virus at work, rather than elsewhere.
However, the court considered evidence including a letter from the Chief Administrative Officer (CAO) of Kiboga addressed to the Solicitor General. In the letter, the CAO referenced a report by the Acting District Health Officer, which confirmed that Dr. Musiitwa had contracted COVID-19 in the course of his duties and had died as a result.
The court found that under the Workers Compensation Act, COVID-19 qualifies as an occupational disease, falling under the category of “any other infection or infestation.”
“From the objectives of the COVID-19 guidelines, it can be inferred that despite being a new virus, COVID-19 was categorized within the context of infectious diseases. This places it under the Workers Compensation Act,” the court observed.
In his ruling, Justice Jamson Karemani stated that Dr. Musiitwa had contracted COVID-19 during the course of his employment and that the employer was therefore liable to compensate the widow.
“The late Musiitwa Michael Mugwanya contracted COVID-19 in the course of his employment, which led to his death. Therefore, the defendant is liable to compensate the plaintiff for the death of the deceased,” the court ruled.
The court ordered Kiboga District to pay Kyomuhendo Shs 276 million in compensation, along with general damages of Shs 10 million. Both amounts will accrue interest at a rate of 18% per annum from the date of judgment until full payment is made.
