The High Court in Kampala has ordered government to pay Lord Mayor Erias Lukwago to a tune of shs50 million over his brutal arrest during the age limit debate.
At the height of the age limit debate in 2017, Lukwago was arrested by police outside his home in Wakaliga, Lubaga division and detained at Naggalama police station.
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He later dragged government to court over what he termed as brutal arrest and torture.
On Monday, Justice Henrietta Wolayo ruled that the manner in which Lukwago was arrested by police from his home when he was grabbed in the groin, his private parts squeezed and bungled into a cage like van and driven to Naggalama Police where he was detained was not proper.
“I find credible evidence of degrading treatment going by the definition in Black’s law dictionary that defines it as a lessening of a person’s character,” the judge said.
“Bundling the applicant who is also the lord mayor of KCCA into a caged van is not a good sight to behold; it degrades his position in society and a violation of the freedom from degrading treatment protected by Article 24.”
The court also ruled that the “undisputed” entry into Lukwago’s home by police was unnecessary, illegal and violated his right to privacy enshrined in article 27 of the Constitution.
“In the absence of proof of credible information on intent to instigate and participate in an unlawful assembly, and in light of the credible evidence by the applicant the was on his way to work as Lord Mayor, on a balance of probabilities, I find that the arrest and detention of the Applicant on September 21, 2017 was unlawful and therefore a violation of his right to personal liberty protected by Article 23 b,” the judge ruled.
Compensation
The judge consequently ordered government to compensate Lukwago to a tune of shs50 million for violation of his rights and freedoms.
Court also ordered that the award will carry a 10% interest per year from the date of the ruling until payment in full as well as the costs for the case.
