Center For Health, Human Rights And Development and 2 Others v Executive Director Mulago National Referal Hospital and Another (Civil Suit 212 of 2013)

Observed later treatment

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

Held that hospital staff negligently misplaced a dead baby's body, violating the parents' constitutional rights to access health information and freedom from psychological torture, though no violation of the child's rights or right to family was established. Hospital found vicariously liable for staff negligence in mishandling the deceased baby after delivery.

Outcome

Claim allowed in part. Hospital found negligent and ordered to pay damages and implement systemic reforms. Police ordered to complete investigation.

Facts

On 14 March 2012, the 3rd Plaintiff delivered twins at Mulago National Referral Hospital. One baby was born alive, the other was born dead. On discharge on 15 March 2012, the couple left with only the living baby after initially being given a discharge form indicating only one birth, which was corrected to show two births with one dead. Hospital staff failed to provide the dead baby's body or adequate information. On 17 March 2012, hospital presented a body to the parents, which they rejected as not matching their baby's characteristics. DNA testing confirmed no biological relationship between the presented body and the parents. Police investigation commenced. Medical staff acknowledged organizational failures and labeling errors. The dead baby's body was never recovered.

Issues

1. Whether the acts and/or omissions of the staff of the hospital violated the rights of the child of the 2nd and 3rd Plaintiffs enshrined in Article 34(1) of the Constitution.
2. Whether acts and/or omissions of the staff violated the right to access health information and the right to health of the 2nd and 3rd Plaintiffs contrary to Articles 41(1), 8A, 45 and Objectives XX, XIV(b) of the Constitution.
3. Whether their acts and omissions violated the right to family of the 2nd and 3rd Plaintiffs enshrined in Article 31(4) and 31(5) of the Constitution.
4. Whether the 2nd and 3rd Plaintiffs were subjected to cruel, inhuman, degrading treatment and psychological torture contrary to Articles 24 and 44(a) of the Constitution.
5. Whether the Plaintiffs are entitled to the remedies sought.

Orders

• Police must conclusively investigate the disappearance of the baby and file a report within 6 months.
• Ms. Mandida Mariam the midwife must be held to account for the movement of the baby from her care.
• Mulago hospital shall take steps to ensure and/or enhance the respect, movement and safety of babies, dead or alive, in its facilities.
• For two years the 1st Defendant shall make written reports every four months regarding measures taken and serve same on the 1st Plaintiff.
• The 1st Plaintiff shall have free access to Mulago hospital to oversee implementation of measures and make counter reports within two months of receiving defendant's reports.
• The 1st Plaintiff shall ensure that the 2nd and 3rd Plaintiffs access psycho-social care and counseling services, with Mulago hospital paying attendant costs.
• Court reserves the right to make further orders regarding implementation.
• The 2nd and 3rd Plaintiffs are awarded UGX 85,000,000 as general damages.
• No order as to costs.

Rules and key headnotes

Legislation cited (18)

• Constitution of Uganda Article 34(1)
• Constitution of Uganda Article 41(1)
• Constitution of Uganda Article 8A
• Constitution of Uganda Article 45
• Constitution of Uganda Article 24
• Constitution of Uganda Article 44(a)
• Constitution of Uganda Article 31(4)
• Constitution of Uganda Article 31(5)
• Constitution of Uganda Objective XX
• Constitution of Uganda Objective XIV(b)
• Government Proceedings Act s.10
• International Covenant on Civil and Political Rights Article 7
• International Covenant on Economic, Social and Cultural Rights Article 12
• Convention against Torture Article 2(1)
• African Charter on Human and Peoples Rights Article 5
• African Charter on Human and Peoples Rights Article 16
• Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa Article 2(a)
• Protocol to the African Charter on Human and Peoples Rights on the Rights of Women in Africa Article 2(b)

Cases cited (6)

• Center for Health, Human Rights and Development and 4 Others v Nakaseke District Local Administration (High Court Civil Suit No. 111 of 2012)
• Hon. Bernard Mulengani v Attorney General and 2 Others (High Court Civil Suit No. 29 of 2011)
• Blyth v Birmingham Water Works Co. (1856) 11 Ex 784
• Donoghue v Stevenson [1932] AC 362
• Purohit and Moore v. The Gambia
• Social and Economic Rights Action Centre (SERAC) and Centre for Economic and Social Rights (CESR) v. Nigeria (Communication No. 155/96)

Cases citing this judgment (3)

How later Ugandan judgments in the Wakilii corpus have cited this case. Treatment labels come from Sequitur — Uganda’s citator — each backed by a verbatim span from the citing judgment, and are not an assertion that this case is, or is not, good law.

• In the matter of an application for access to information by Kibunga Godfrey (Miscellaneous Cause 2 of 2025)
• Namale & Another v Horeb Services Uganda Limited & Another (Miscellaneous Cause 21 of 2023) distinguished
• Center for Health, Human Rights and Development (CEHURD) & 3 Ors v Attorney General (Constitutional Petition No. 16 of 2011)

The original judgment as reported. Read the original PDF before relying on any passage.