Wakilii

Estate of the Late Bendebule v Attorney General [2023] UGHRC 14

Tribunal · 2023 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint alleging violation of right to life by state agents
Decision
Complaint allowed with damages awarded to the estate of the deceased for violation of right to life

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal held that the shooting and killing of Benjamin Bendebule by a police officer on night patrol constituted a violation of his constitutional right to life under Article 22(1). The Attorney General was found vicariously liable for the actions of the police officer who was operating within the scope of his duty. The estate was awarded general damages of UGX 25,000,000 for the violation, with the Tribunal emphasising that the right to life is the cornerstone of all other rights and must be valued equally regardless of the deceased's material wealth.

Outcome

Complaint allowed with damages awarded to the estate of the deceased for violation of right to life

Facts

On 30 September 2007 at approximately 8:40pm, GISO Nkangi received information that an unknown vehicle with suspicious occupants had parked at Mubende Junior Quarters. Nkangi approached PC Odoi Leopold Ben for reinforcement and both proceeded to the location armed with SMG rifles. When they found a parked car and attempted to ask the driver for identification, the driver drove off. PC Odoi shot at the vehicle, killing the driver Benjamin Bendebule instantly. The other occupant was unhurt. Post-mortem examination revealed the deceased died of acute hemorrhage due to gunshot wounds, with an entry wound on the left sternum and exit wound on the upper left back, and ruptured heart and spleen. PC Odoi and Nkangi were charged with manslaughter in Mubende Chief Magistrate's Court but the charges were dismissed on 18 March 2008 for want of prosecution. The deceased was 35 years old and left behind four children.

Issues

  1. Whether the late Benjamin Bendebule's right to life was violated by the Respondent's agents.
  2. Whether the Respondent is liable therefor.
  3. Whether the complainant is entitled to any remedy.

Orders

  • The complaint is allowed.
  • The respondent is ordered to pay to the estate of the late Bendebule Benjamin a sum of UGX 25,000,000 (Uganda shillings twenty-five million only) as general damages for violation of his right to life.
  • The said sum shall carry interest at 10% calculated from the date of this decision until payment in full.

Rules and key headnotes

Human Rights — Right to Life — Violation by State Agents — Police Shooting
The wanton shooting and killing of a civilian by a police officer on patrol constitutes a violation of the constitutional right to life protected under Article 22(1) of the Constitution, regardless of whether criminal charges against the officer are subsequently dismissed.
Tort Law — Vicarious Liability — State Liability for Acts of Police Officers
The Attorney General is vicariously liable under Article 119(4)(c) of the Constitution and Section 10 of the Government Proceedings Act for the tortious acts of police officers operating within the scope of their duty, including unlawful killings committed during patrol operations.
Constitutional Law — Remedies — Compensation for Rights Violations
Under Articles 50 and 53(2) of the Constitution, the Uganda Human Rights Commission Tribunal has power to award compensation where it is satisfied that a fundamental right has been infringed, including general damages for violation of the right to life.
Damages & Quantum — Assessment — Right to Life Violations — Equality Principle
In assessing general damages for violation of the right to life, the material wealth or poverty of the deceased is not a vital factor. To value the right to life in terms of the deceased's economic status would contravene the constitutional guarantee of equality before the law under Article 21(1). What matters is that the deceased was a healthy human being with a God-given right to live.
Damages & Quantum — Assessment — Life Expectancy as Factor
In awarding general damages for unlawful killing, the tribunal may take into account the age of the deceased at death and the average life expectancy in Uganda (60 years), with higher awards appropriate where the deceased died well below that age and not from natural causes.

Legislation cited (10)

Cases cited (3)

  • Muwonge v Attorney General [1967] EA 77
  • Kaggwa Vincent v Attorney General (HCCS No. 391 of 2014)
  • Solomon v Nsereko Anthony & Anor (HCCS No. 275 of 2014)

Full judgment

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

Estate of the Late Bendebule v Attorney General 2023 UGHRC 14 (18 April 2023)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.