Uganda Case Law

Sgt. Byamugisha Felix v Attorney General (Complaint UHRC 2 of 2008)

Sgt. Byamugisha Felix v Attorney General (Complaint UHRC 2 of 2008) [2025] UGHRC 7 (11 February 2025)

Court

Uganda Human Rights Commission

Case number

Complaint UHRC 2 of 2008

Judges

Mariam Wangadya - Chairperson, Stephen Basaliza - Commissioner, Omara Apitta Lamex - Commissioner, Crispin Kaheru - Commissioner

The tribunal found that the applicant's testimony, corroborated by his wife and medical evidence, established on a balance of probabilities that he was subjected to severe physical assault, humiliation, and degrading treatment by Regimental Policemen on the orders of Major Nelson Mugerwa. Internal UPDF reports admitted excessive force was used. The acts constituted torture and cruel, inhuman, and degrading treatment as defined by international and domestic law. The respondent, as the employer, was vicariously liable for the actions of its agents. The right to freedom from torture is absolute…

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• Freedom From Torture
• Vicarious Liability
• Compensation For Human Rights Violations
• Military Abuse Of Power

Nakitto v Attorney General

Nakitto v Attorney General (Miscellaneous Cause 122 of 2021) [2023] UGHCCD 274 (22 September 2023)

Court

HC: Civil Division (Uganda)

Case number

Miscellaneous Cause 122 of 2021

Judge

Musa Ssekaana, J

The court found that the applicant's son was unlawfully deprived of his constitutionally guaranteed right to life by the respondent's soldiers/officers during a security crackdown. The state failed to provide a meaningful defense or justification for the shooting, and the burden of proof could not be placed on the applicant to identify the specific shooter in a chaotic riot situation. The court held that the right to life is inalienable and protected under both domestic and international law, and the state is vicariously liable for violations committed by its agents. The applicant was entitle…

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• Right To Life
• State Liability
• Compensation For Human Rights Violations
• Tort Of Wrongful Death

Omoding Okwi and 3 Others v Attorney General (Complaint No: UHRC/SRT/006/2008)

Omoding Okwi and 3 Others v Attorney General (Complaint No: UHRC/SRT/006/2008) [2022] UGHRC 8 (24 January 2022)

Court

Uganda Human Rights Commission

Case number

Complaint No: UHRC/SRT/006/2008

Judge

Shifrah Lukwago - Commissioner

The Tribunal held that police shot and injured three complainants and killed a woman during a Christmas gathering, awarding compensation against the Attorney General.

• Right To Life
• Freedom From Torture
• State Liability
• Vicarious Liability
• Compensation For Human Rights Violations
• Exemplary Damages

Baguma-Mugarama v Uganda Revenue Authority

Baguma-Mugarama v Uganda Revenue Authority (CIVIL SUIT NO. 93 OF 2014) [2020] UGHCCD 29 (26 March 2020)

Court

HC: Civil Division (Uganda)

Case number

CIVIL SUIT NO. 93 OF 2014

Judge

Musa Ssekaana, J

The court found that the plaintiff's right to freedom from torture was violated by the excessive and unjustified force used by the defendant's agents during his arrest, as corroborated by medical evidence. However, the court held that the search and seizure of the plaintiff's property were lawful and justified under the East African Community Customs Management Act, given the plaintiff's failure to prove payment of taxes or contest the seizure within the statutory period. The right to privacy was not violated as the searches were conducted in accordance with the law and justified by reasonabl…

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• Freedom From Torture
• Right To Property
• Right To Privacy
• Unlawful Search And Seizure
• Compensation For Human Rights Violations

Estate of the Late Okiror Oputan v Attorney General (Complaint No: UHRC/SRT/09/2008)

Estate of the Late Okiror Oputan v Attorney General (Complaint No: UHRC/SRT/09/2008) [2019] UGHRC 20 (23 October 2019)

Court

Uganda Human Rights Commission

Case number

Complaint No: UHRC/SRT/09/2008

Judge

Meddie Mulumba - Commissioner

The Tribunal found that the deceased, Okiror Joseph Oputan, died while in the custody of state agents, specifically the prison authorities. The evidence established that the deceased suffered injuries consistent with torture or blunt force trauma while in custody, and the state failed to provide any explanation for the cause of death or the circumstances leading to it. The legal principle is that when a person dies in state custody, the burden shifts to the state to provide a satisfactory explanation. The respondent did not discharge this burden, nor did it offer any evidence or submissions i…

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• Right To Life
• State Liability
• Compensation For Human Rights Violations
• Death In Custody

Abubakari v Tanzania (Application No. 007/2013)

Abubakari v Tanzania (Application No. 007/2013) [2019] AfCHPR 23 (4 July 2019)

Court

African Court on Human and Peoples Rights

Case number

Application No. 007/2013

Judge

Anukam J, Ben Achour J, Bensaoula J, Chizumila J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Orè P, Tchikaya J

The African Court awarded reparations for fair-trial violations in Mohamed Abubakari v Tanzania, granting moral damages to the applicant, his wife, and son.

• Fair Trial Rights
• Compensation For Human Rights Violations
• Legal Aid Entitlement
• Moral And Material Damages
• State Obligations Under International Law
• Human-rights-reparations

Luyombya Denis v Attorney General (Complaint UHRC 183 of 2006)

Luyombya Denis v Attorney General (Complaint UHRC 183 of 2006) [2019] UGHRC 11 (13 May 2019)

Court

Uganda Human Rights Commission

Case number

Complaint UHRC 183 of 2006

Judge

Dr. Patricia Achan Okiria - Commissioner

The Tribunal found that the applicant was shot multiple times by a police officer after surrendering, causing severe pain and suffering. The evidence of the applicant and his two eyewitnesses was consistent and credible regarding the shooting and subsequent treatment. The Tribunal held that these acts constituted torture and cruel, inhuman and degrading treatment under Article 24 of the Constitution and Article 1 of the CAT. The Tribunal further held that the Attorney General was vicariously liable for the acts of the police officer, as they were committed in the course of official duties. Ho…

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• Freedom From Torture
• Cruel Inhuman Degrading Treatment
• Vicarious Liability
• Right To Property
• Compensation For Human Rights Violations

Okudra Joel v Attorney General (Complaint UHRC 131 of 2006)

Okudra Joel v Attorney General (Complaint UHRC 131 of 2006) [2018] UGHRC 19 (15 April 2018)

Court

Uganda Human Rights Commission

Case number

Complaint UHRC 131 of 2006

Judge

Dr. Katebalirwe Amooti Wa Irumba - Commissioner

The Tribunal found that VCCU operatives tortured the complainant and awarded UGX 8,000,000 in compensation against the Attorney General.

• Freedom From Torture
• Vicarious Liability
• Compensation For Human Rights Violations
• State Responsibility
• Freedom-from-torture
• Human-rights-compensation

Bigabwa v Attorney General (compliant no. 49/2008)

Bigabwa v Attorney General (compliant no. 49/2008) [2018] UGHRC 28 (12 April 2018)

Court

Uganda Human Rights Commission

Case number

compliant no. 49/2008

Judge

Stephen Basaliza - Commissioner

The Tribunal found that the complainant's right to freedom from torture or cruel, inhuman and degrading treatment or punishment was violated by agents of the respondent. The oral testimonies of the complainant and corroborating witness were consistent and credible, establishing that the complainant was intentionally beaten and subjected to degrading treatment by prison staff acting in their official capacity. The medical evidence was inconclusive, but the law does not require medical evidence where credible oral evidence exists. The respondent failed to rebut the complainant's evidence or pre…

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• Freedom From Torture
• Vicarious Liability
• Prisoners Rights
• Compensation For Human Rights Violations

Alex Twinomugisha v Attorney General (Complaint UHRC 179 of 2006)

Alex Twinomugisha v Attorney General (Complaint UHRC 179 of 2006) [2017] UGHRC 3 (16 November 2017)

Court

Uganda Human Rights Commission

Case number

Complaint UHRC 179 of 2006

Judges

Joseph A. A. Etima, Commissioner

The Tribunal found that the Complainant was subjected to severe beatings by prison warders while in custody, resulting in grievous injuries as corroborated by medical evidence. The Respondent failed to provide any plausible explanation for the injuries sustained by the Complainant while in state custody, as required by law. The acts of the prison warders constituted torture within the meaning of international and Ugandan law, and the State is vicariously liable for the actions of its agents. The right to freedom from torture is absolute and non-derogable under the Constitution of Uganda. The…

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• Freedom From Torture
• Prisoners Rights
• Vicarious Liability
• Compensation For Human Rights Violations