Wakilii

Kamanyire v Attorney General [2016] UGHRC 28

Tribunal · 2016 Complaint Allowed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights complaint seeking compensation for alleged violation of right to life of complainant's son by state agents
Decision
Complaint allowed; compensation awarded to the estate of the deceased

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The Tribunal found that the deceased's right to life under Article 22 of the Constitution was violated when he was shot by SPC Hassan Ogwal, a police officer on night patrol. The Attorney General was held vicariously liable under the Government Proceedings Act for the actions of the state agent acting in the course of employment. The Tribunal awarded UGX 30,000,000 in general damages to the estate of the deceased for the violation of his right to life.

Outcome

Complaint allowed; compensation awarded to the estate of the deceased

Facts

On 18 August 2008 at about midnight, Mangala Richard Kaahwa, aged 20, was shot at Kimengo Trading Centre. Witnesses heard a gunshot and found the victim bleeding from gunshot wounds. A police officer at the scene informed witnesses that SPC Hassan Ogwal, a police officer on night patrol, had shot the victim. The victim was transported by police to Masindi Hospital where he died. A postmortem examination revealed the cause of death as intra-abdominal hemorrhage due to gunshot wounds entering the left side of the abdomen and exiting the right side. The complainant, the victim's father, was informed by police that SPC Ogwal was drunk at the time of the shooting. Ogwal allegedly escaped to Apac but returned six months later and was transferred. He died three years later.

Issues

  1. Whether Mangala Richard Kaahwa's right to life was violated by the Respondent's agents/servants.
  2. Whether the Respondent is liable for the violation of the deceased's right to life.
  3. Whether the Complainant is entitled to any remedy.

Orders

  • The complaint is allowed.
  • The Attorney General is ordered to pay to the estate of late Mangala Kaahwa Richard a total sum of UGX 30,000,000 as general damages for the violation of the right to life.
  • The said amount of UGX 30,000,000 will carry interest at court rate from the date of this decision until payment in full.
  • Each party shall bear their own costs.

Rules and key headnotes

Human Rights — Right to Life — Constitutional Protection — Arbitrary Deprivation
The right to life is protected by Article 22(1) of the Constitution of Uganda, which provides that no person shall be deprived of life intentionally except in execution of a sentence passed in a fair trial by a court of competent jurisdiction in respect of a criminal offence, and the conviction and sentence have been confirmed by the highest appellate court.
Administrative Law — Vicarious Liability — State Liability for Acts of Servants — Course of Employment
Under the principle of vicarious liability, the state is liable for torts committed by its servants or agents in the course of their employment, even if the servant is acting deliberately, wrongfully, negligently or criminally, or for his own benefit, provided the act was done in the manner of carrying out what he was employed to carry out.
Constitutional Law — Attorney General — Representation of Government — Vicarious Liability
The Attorney General represents the Government in civil proceedings under Article 119(4)(c) of the Constitution, and all civil actions by and against the Government must be instituted by or against the Attorney General under section 10 of the Government Proceedings Act Cap 77.
Human Rights — Remedies — Compensation — Assessment of Quantum
Where the Uganda Human Rights Commission Tribunal is satisfied that there has been an infringement of a human right, it may order payment of compensation under Article 53(2) of the Constitution. In assessing quantum, the Tribunal must take into account the current value of money in terms of what goods and services it can purchase at present.
Evidence — Circumstantial Evidence — Corroboration — Standard of Proof
A tribunal may rely on circumstantial evidence corroborated by witness testimony to establish facts on the balance of probabilities, even where no witness directly observed the act in question, provided the evidence taken as a whole makes it highly probable that the event occurred as alleged.

Legislation cited (8)

Cases cited (4)

  • Muwonge v Attorney General [1967] 1 EA 17
  • Jones v Tower Boots Co Ltd [1997] ALLER 40
  • Katantazi Wilson v Attorney General (UHRC Complaint No. 57 of 2004)
  • Matiya Byabalema and Others v Uganda Transport Company (SCCA No. 10 of 1993)

Full judgment

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

Kamanyire v Attorney General 2016 UGHRC 28 (5 December 2016)
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.