The High Court of Uganda in Kampala has awarded compensation to Malcolm Lukwiya after finding that he was unlawfully detained for 16 days without being produced before a court, in violation of his constitutional right to personal liberty.
However, the court dismissed allegations that he was tortured or subjected to extra-judicial rendition.
The judgment was delivered by Justice Bernard Namanya sitting in the Civil Division of the High Court.
The case arose from Civil Suit No. HCT-00-CV-CS-0302-2015 in which Lukwiya sued the Attorney General, accusing State agents of unlawful arrest, detention, torture, and cross-border rendition between Kenya and Uganda.
Arrest in Nairobi and transfer to Uganda
Court records show that Lukwiya was arrested on 1 July 2015 in Nairobi at Wangige Taxi Stage by armed officers alleged to include both Kenyan and Ugandan security personnel.
He was later detained at an anti-terrorism facility in Nairobi before being transferred on 3 July 2015 to Uganda, where he was held at Nalufenya Police Station in Jinja.
He testified that during detention he was interrogated over alleged links to terrorist groups operating in East Africa and claimed he was subjected to physical assault, threats, and inhumane confinement.
He further alleged that he was returned to Kenya on 19 July 2015 without formal immigration procedures and later released after charges were dropped in September 2015.
The court also heard testimony from PW2, Webster Lukwiya, the plaintiff’s father, who told the court he was informed of his sons’ arrests and made attempts to locate them through Interpol and Kenyan authorities.
He told the court that Malcolm Lukwiya appeared physically injured and emotionally distressed after release and later dropped out of school due to trauma. However, during cross-examination, he admitted he had no medical documentation to substantiate claims of torture.
Defence denies torture allegations
The State, represented by the Attorney General, denied all allegations of torture and illegal rendition. Its witness, Omoding Wilson Otuna, who was the officer in charge of Nalufenya Police Station at the time, told the court that no complaints of torture were ever made to him by the plaintiff.
He also testified that Lukwiya was handed over to Kenyan authorities on 19 July 2015 and that the officers accused of torture were not stationed at Nalufenya during the relevant period.
In his judgment, Justice Namanya held that the plaintiff failed to produce medical or documentary evidence to substantiate allegations of torture.
The court also found that while Lukwiya had been detained at Nalufenya, the evidence presented was insufficient to conclusively prove that he was subjected to extra-judicial rendition from Kenya to Uganda outside lawful processes.
Unlawful detention established
However, the court made a key finding on unlawful detention. It established that Lukwiya was held at Nalufenya Police Station from 3 July to 19 July 2015—approximately 16 days—without being presented before a court of law.
Justice Namanya ruled that this violated Article 23 of the Constitution of Uganda, which requires that an arrested person be brought before court within 48 hours.
The court held that the State was vicariously liable for the actions of police officers who unlawfully detained him.
As a result, the court ordered the Attorney General to pay Lukwiya UGX 10 million in compensation for violation of his right to personal liberty, along with costs of the suit.
Claims relating to torture and extra-judicial rendition were dismissed for lack of sufficient proof.
ENDS.
English 