The High Court has ordered the Uganda Wildlife Authority (UWA) to pay Shs160.9 million in damages to Arapmwoko Emmanue, a member of the indigenous Benet Mosop community, after a game ranger shot him in the leg near Mount Elgon National Park.
The court ruled that the shooting violated Arapmwoko’s constitutional rights and described the conduct of the game rangers as oppressive, arbitrary and unconstitutional.
The award comprises Shs10.877 million in special damages, Shs50 million in general damages and Shs100 million in punitive damages.
The court also declared UWA vicariously liable for the actions of its employees, meaning the authority is responsible for the conduct of the game rangers involved.
According to court records, the incident occurred on October 27, 2021, when Arapmwoko’s father, Mwako William, instructed him to collect money from his stepfather, Muwaka Stephen, in Kapelyo village, Moyok Sub-county, Kween district.
Arapmwoko arrived at his stepfather’s home in the morning but found him away. He waited until about 3pm, when Muwaka returned and told him he did not have the money, advising him to return home.
As he made his way back, Arapmwoko passed near Mount Elgon National Park, where he encountered five game rangers dressed in green uniforms and carrying guns and sticks.
He told the court that he saw the rangers herding about 20 cattle into the forest, apparently to impound them. Although he could not identify the individual rangers, he said he became frightened and attempted to flee before one of them shot him in the right leg.
Arapmwoko screamed for help, attracting people who had been following the rangers after their cattle were impounded. They found him hiding and carried him to Kapelyo, where a boda boda rider transported him to Kaproron Health Centre III for treatment.
Medical personnel examined his leg, found that it was completely broken, dressed the wound and referred him to Kapchorwa Referral Hospital.
He spent two days at the hospital before being referred to Kumi Orthopaedic Centre for further treatment. Court records indicate that he sustained several injuries and continued to require medical care.
Arapmwoko is a member of the Benet Mosop community, whose ancestral ties are to the Kapsikomu Moorland area around Mount Elgon. His father was born on their ancestral land, while his grandparents were buried there, according to his account before court.
However, Fredric Kizza Kayanja, UWA’s employee and chief warden of Mount Elgon National Park, disputed Arapmwoko’s account, including his claims about his background and the events of October 27, 2021.
Kayanja argued that there was no road passing through Mount Elgon National Park, adding that the only public road was outside the protected area. He also denied that rangers herded or impounded cattle from villages, saying they only impounded animals found grazing inside protected areas.
In its ruling, the court emphasised that state agencies and their employees must respect constitutional protections against torture and cruel, inhuman or degrading treatment or punishment.
“It is no doubt that the Respondent’s game rangers’ conduct was oppressive, arbitrary and unconstitutional,” justice Lubega Farouq observed.
The court added that game rangers operating in the Mount Elgon area were bound by the Constitution and required to respect the rights it guarantees.
In awarding Shs100 million in punitive damages, the court said the award was intended to underscore the need to respect and protect human rights that cannot be derogated from.
The court declared that the shooting violated Arapmwoko’s rights under Articles 24 and 44(a) of the Constitution, which protect against torture and cruel, inhuman or degrading treatment or punishment.
It consequently held UWA responsible for the actions of its employees and ordered the authority to compensate Arapmwoko for the injuries and the violation of his rights.
