Mukono High Court Judge Margaret Mutonyi has ordered the government to pay Shs 389 million in compensation for the illegal detention and violation of human rights of individuals who protested against the removal of the presidential age limit in 2017.
In that year, 13 applicants—including peaceful demonstrators, three mothers, and ten children—sued the Attorney General and individual police officers, challenging their arrest, prolonged detention, and mistreatment by police during protests against the proposed amendment to Article 102(b) of the Constitution.
The applicants included Rights Trumpet, Ampiire Aisha, Nansubuga Sadati, Mucunguzi Abel, Agaba Johab, Mutebi Edris, Ssemwanga Jackson, and Musoke Eria. Others were Luta Ferdinand, Atwine Eddy, Mubiru Bashil, Muwonge Ronald, and Mushizimana Galas.
According to court documents, the applicants were arrested on September 18, 2017, in Kampala while peacefully demonstrating against the lifting of the presidential age limit. They were detained at Nagalama Police Station beyond the constitutional 48-hour limit, held incommunicado, and subjected to various human rights violations.
Another application revealed that 12 children and their three mothers were detained at Nagalama and Kireka Special Investigations Unit police stations for 51 and 6 days respectively. During this period, they were reportedly tortured, and their constitutional rights were violated.
The applicants sought relief in the form of declarations, damages, and costs of the suit, holding the Attorney General vicariously liable for the Uganda Police Force officers’ actions.
The court found that their detention, torture, torment, and the mistreatment of the mothers—including their unlawful separation from their children—violated fundamental human rights. The children, aged between 3 and 13, were also unlawfully detained.
The High Court ruled that the applicants were detained beyond the constitutional 48-hour limit without arraignment, subjected to degrading treatment, and unlawfully separated from their children. This constituted violations of their rights to liberty, dignity, privacy, family, education, and peaceful assembly.
The Court emphasized that the Uganda Police Force misapplied the Public Order Management Act by using it to suppress demonstrations instead of regulating them, asserting that the police are mandated to provide security for peaceful demonstrators—not to suppress them.
Officers ASP Brian Nyehangane, D/ASP Ndugutse Alfred, and DC Sarah Nankwanga were held personally liable for the violations, while the Attorney General was held vicariously liable as the state’s representative.
The court has awarded general damages of Shs 30 million each to Ampiire Aisha and Nansubuga Saidat against the Attorney General. This compensation is for the pain, mental and psychological anguish, and emotional stress they endured due to being arrested, tortured, separated from their children, and denied access to their 11 children during that period—all actions committed by personnel of the Uganda Police Force in the course of their duties.
Additionally, the court awarded Ampiire Aisha punitive damages of Shs 5 million against Sarah Nankwanga (Detective Constable) for the torturous act of blindfolding her during interrogation, which caused severe mental and psychological torture.
Further, both Ampiire Aisha and Nansubuga Saidat were awarded punitive damages of Shs 1 million each against ASP Brian Nyehangane, then officer in charge at Nagalama Police Station, for concealing the whereabouts of their children and violating the children’s rights as detailed in the application under his supervision.
The court also awarded general damages of Shs 30 million to each of the 10 applicants against the Attorney General for violations including: infringement of the right to peaceful demonstration, unlawful arrest and detention without cause, and breaches of fundamental rights and freedoms. The applicants were also subjected to psychological torture and mental anguish by Uganda Police Force personnel while carrying out their duties.
In addition, the court ordered punitive damages of Shs 1 million to each applicant against ASP Brian Nyehangane, then Officer in Charge at Nagalama, for unlawfully detaining them beyond 48 hours without justification. Each applicant was also awarded punitive damages of Shs 1 million against Ndugutse Alfred for ordering their arrest and detention without cause, despite being aware that the applicants were lawfully exercising their constitutional right to demonstrate.
