High Court Awards Shs 10 Million for Unlawful 16-Day Detention

The High Court in Kampala has ordered the Attorney General to pay Shs 10 million in compensation to Malcolm Lukwiya. This decision stems from Lukwiya’s unlawful detention for 16 days at Nalufenya police station in Jinja, a period significantly exceeding the constitutionally permitted 48 hours without judicial appearance.

Justice Bernard Namanya of the Civil Division ruled that Lukwiya’s right to personal liberty was infringed upon. He was arrested in July 2015 as a minor and allegedly transferred from Kenya to Uganda, held incommunicado, and interrogated about suspected links to terrorist groups.

Lukwiya’s lawsuit against the Attorney General detailed accusations of unlawful arrest, detention, torture, and rendition. He claimed to have been arrested by joint Ugandan and Kenyan security operatives and later transported to Uganda in the boot of a car. During his detention at Nalufenya, he alleged being interrogated and assaulted.

However, the court dismissed Lukwiya’s claims of torture and extra-judicial rendition due to insufficient proof, notably the lack of supporting medical evidence for the torture allegations. The court also found the evidence insufficient to conclusively establish an unlawful transfer outside legal procedures.

Despite these dismissals, the court found that both Lukwiya’s account and the respondent’s testimony confirmed his detention at Nalufenya from July 3 to July 19, 2015, without being brought before a Ugandan court. The government failed to provide any legal justification for this prolonged detention.

Consequently, the Attorney General was held vicariously liable for the unlawful detention, and ordered to cover Lukwiya’s legal costs as well. The ruling underscores the importance of adhering to constitutional limits on detention.

Source: The Observer (Uganda)