The High Court in Kampala has ordered government to compensate a Wakiso resident with Shs10 million after finding that police unlawfully detained him for longer than the 48 hours permitted by the Constitution before presenting him to court.
In a ruling delivered by Justice Joyce Kavuma, the court held that the continued detention of Walusimbi Shafik violated his constitutional right to personal liberty.
The judge emphasised that Article 23 of the Constitution clearly requires that any person arrested or detained must be produced before a competent court within 48 hours.
Justice Kavuma noted that although police investigations often involve procedures such as forwarding case files to the Office of the Director of Public Prosecutions for sanctioning, such administrative steps cannot override constitutional guarantees.
“The Constitution is clear that a suspect must be brought before court within 48 hours,” the judge ruled, adding that if police realise they cannot meet this timeline, they have the option of releasing the suspect on police bond rather than continuing to hold them in custody.
Walusimbi had petitioned the High Court, claiming his rights were violated after he was arrested at his home in Kisimbili, Wakiso Town Council, on November 20, 2024. He was initially detained at the Flying Squad Unit facility in Kireka, commonly referred to as Wembule.
In his application, Walusimbi alleged that while in detention he was subjected to severe beatings with sticks and wires and kicked repeatedly by police officers.
He claimed the alleged torture left him with body swellings and caused him to pass urine mixed with blood.
He further stated that after three days he was transferred to Kampala Central Police Station, where he recorded a statement before remaining in custody until November 29, 2024, when he was eventually produced before Kira Chief Magistrate’s Court to face charges.
However, police disputed the torture claims. Investigating officer Catherine Nampindi told court in an affidavit that Walusimbi had been arrested following a violent confrontation involving his girlfriend, Gashumba Zam, and her new partner, Faruk Minawa Ssendagire.
According to the officer, any injuries he sustained occurred during the scuffle rather than while in police custody.
Nampindi also explained that Walusimbi’s appearance in court was delayed because he was arrested on a Friday, making it impossible to process his case before court until the following Monday.
The court rejected this explanation, stating that weekends or incomplete investigations cannot justify holding suspects beyond the constitutionally prescribed period.
Justice Kavuma ruled that evidence presented by Walusimbi sufficiently proved that his detention exceeded the legal limit and was therefore unlawful.
Despite finding that his right to liberty had been violated, the judge declined to halt the criminal proceedings against him in the magistrate’s court.
The court also dismissed his allegations of torture, noting that the medical report he relied on only confirmed symptoms such as blood in urine, chest pain and breathing difficulties but did not conclusively link them to abuse by police officers.
Justice Kavuma observed that the injuries could equally have resulted from the earlier altercation that led to his arrest.
“In light of these plausible alternative explanations, the court cannot conclusively attribute the injuries to torture by state agents,” the judgment partly read.
As a result, the court awarded Walusimbi Shafik Shs10 million in damages for the unlawful detention but allowed the criminal case against him to proceed before the magistrate’s court.
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