Court Nullifies Shs200m Compensation for Defilement Convict Over Torture Claims

The Court of Appeal has set aside a significant Shs200 million compensation award previously granted to Henry Muloki, who had been convicted of aggravated defilement. The appellate court found that the High Court had acted beyond its legal authority when it ordered the government to compensate Muloki for alleged torture while in prison.

During a High Court hearing in Mukono in June 2017, Justice Margaret Mutonyi observed Muloki in poor physical condition. He informed the court that he had been assaulted by a prison warder. The judge concluded that Muloki had been tortured by a state agent, ordered his immediate release after sentencing him to the period already served, and awarded him Shs200 million for the alleged pain and suffering.

The State appealed this decision, arguing that the High Court judge had made adverse findings against a government employee without providing the officer or the government an opportunity to be heard. The State contended that the compensation order lacked a proper legal basis and sufficient evidence.

The Court of Appeal, in its judgment, emphasized the fundamental right to a fair hearing, stating that parties affected by court decisions must have a chance to present their case. The justices noted that the accused prison officer was neither summoned nor examined, leading to a miscarriage of justice. They also found fault with the directive to the Attorney General to arrange payment, as the Attorney General was not a party to the proceedings.

Furthermore, the appellate court clarified that the High Court judge could not initiate and decide a separate civil claim for damages within a criminal trial. Muloki, if seeking redress for alleged torture, should have followed proper civil procedure rules. Consequently, the Court of Appeal allowed the State’s appeal, nullifying all High Court orders except the sentence handed down to Muloki.

Source: Daily Monitor (Uganda)