Sseviiri Cranimer v The Attorney General and Others (Miscellaneous Cause No. 68 of 2024)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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.
AI-generated summary. This summary was generated by AI from the full text of the judgment. It may contain errors or omissions—always read the source judgment before relying on it.
Holding
Held that police officers who shot an unarmed and compliant applicant six times at close range violated his non-derogable right to freedom from torture and cruel, inhuman or degrading treatment under Article 24 of the Constitution, and threatened his right to life under Article 22(1). The Attorney General was held vicariously liable for the violations. The court awarded UGX 62,743,700 in special damages, UGX 300,000,000 in general damages (including future medical expenses for kidney transplant), and interest at 8% per annum.
Outcome
Application granted with declarations and monetary awards in favour of the Applicant
Facts
On 14 November 2022, the applicant was driving when he encountered a police vehicle containing the 5th respondent and a person claiming interest in the applicant's land. A second vehicle with the 2nd and 3rd respondents followed him. The 2nd and 3rd respondents shot at his car tires. When the applicant stopped to submit to authorities, they fired approximately six gunshots at close range while he was seated in his car, unarmed and compliant. Three bullets entered his upper leg and abdomen, causing severe injuries including kidney damage, loss of self-ambulation, and requiring catheterization. The 4th respondent, as DPC of Kasangati where the incident occurred, and the 5th respondent, the senior officer at the scene, failed to arrest the 2nd and 3rd respondents. The applicant required multiple surgeries and ongoing medical treatment, including a recommended kidney transplant not available in Uganda.
Issues
- Whether the 2nd and 3rd Respondents' actions of shooting at and injuring the Applicant amounted to a violation of the Applicant's non-derogable right to freedom from torture, cruel, inhuman or degrading treatment or punishment?
- Whether the 2nd and 3rd Respondents' acts of shooting and injuring the Applicant threatened the Applicant's right to life?
- Whether the 4th and 5th Respondents' willful and deliberate failure to cause the arrest of the 2nd and 3rd Respondents were unlawful?
- Whether the 1st Respondent is vicariously liable for the acts and/or omissions of the 2nd, 3rd, 4th and 5th Respondents?
- What remedies are available to the Applicant?
Orders
- Declaration that the 2nd and 3rd Respondents' acts of shooting and injuring the Applicant violated his non-derogable right to freedom from torture, cruel, inhuman or degrading treatment or punishment guaranteed under Article 24 of the Constitution.
- Declaration that the 2nd and 3rd Respondents' acts of shooting and injuring the Applicant threatened the Applicant's right to life guaranteed under Article 22(1) of the Constitution.
- Declaration that the 1st Respondent is vicariously liable for the violations of the Applicant's constitutional rights by the 2nd and 3rd Respondents.
- Special damages awarded in the sum of UGX 62,743,700.
- General damages awarded in the sum of UGX 300,000,000.
- Interest on all damages at the rate of 8% per annum from the date of ruling until payment in full.
- Costs of the application awarded to the Applicant.
- All awards to be paid by the 1st Respondent in its capacity as employer of the 2nd to 5th Respondents under the principle of vicarious liability.
- Affidavit in Reply by Nanduttu Cotilda struck out for being incurably defective.
Rules and key headnotes
Legislation cited (26)
- Constitution of the Republic of Uganda 1995 Article 50(1)
- Constitution of the Republic of Uganda 1995 Article 22(1)
- Constitution of the Republic of Uganda 1995 Article 24
- Constitution of the Republic of Uganda 1995 Article 44(a)
- Constitution of the Republic of Uganda 1995 Article 29(2)(a)
- Constitution of the Republic of Uganda 1995 Article 23(7)
- Constitution of the Republic of Uganda 1995 Article 119(4)(c)
- Constitution of the Republic of Uganda 1995 Article 8A
- Constitution of the Republic of Uganda 1995 Article 45
- Constitution of the Republic of Uganda 1995 Objective XIV
- Constitution of the Republic of Uganda 1995 Objective XX
- Human Rights (Enforcement) Act 2019 s.3(1)
- Human Rights (Enforcement) Act Cap. 12 s.9(1)
- Human Rights (Enforcement) Act Cap. 12 s.9(2)(a)
- Human Rights (Enforcement) Act Cap. 12 s.9(2)(b)
- Human Rights (Enforcement) Act Cap. 12 s.10(1)
- Human Rights (Enforcement) Act 2019 s.6(4)
- Judicature (Fundamental and Other Human Rights and Freedoms) (Enforcement Procedure) Rules SI No. 31 of 2019 Rule 7(1)
- Civil Procedure Rules SI 71-1 Order 6 Rule 20
- Civil Procedure Rules SI 71-1 Order 19 Rule 3(1)
- Civil Procedure Act Cap. 282 s.26(2)
- Civil Procedure Act Cap. 282 s.27(1)
- Police Act Cap. 324 s.7
- Police Act Cap. 324 s.56
- Police Act Cap. 324 Clause 2 of the Police Code
- Prevention and Prohibition of Torture Act
Cases cited (18)
- Attorney General v Salvatore Abuki and Another (Supreme Court Criminal Appeal No. 1 of 1998)
- Omonyi Rogers v Attorney General and Another (High Court Civil Suit No. 27 of 2002)
- Health Equity and Policy Initiative (HEAPI) v Hon. Dr. Jane Ruth Aceng and Attorney General (Miscellaneous Cause No. 210 of 2018)
- Hon. Okupa Ellijah and 2020 Others v Attorney General and 3 Others (High Court Miscellaneous Application No. 14 of 2005)
- Nsereko Musa v Attorney General and 15 Others (Miscellaneous Cause No. 386 of 2020)
- Rights Trumpet & 2 Others v AIGP Asan Kasingye & 5 Others
- Mugisha Felix and Others v Attorney General (High Court Civil Suit No. 237 of 2019)
- Gapco (U) Ltd v A.S. Transporters (U) Ltd (Court of Appeal Civil Appeal No. 18 of 2004)
- Robert Cuossens v Attorney General (Supreme Court Civil Appeal No. 8 of 1999)
- Kaggwa Vincent v Attorney General (Civil Suit No. 391 of 2014)
- Uganda Commercial Bank v Kigozi [2002] 1 EA 305
- Wangala Philip v Steel & Tube Industries Ltd (Civil Suit No. 212 of 2018)
- Necta (U) Ltd and Another v Crane Bank Ltd (Civil Appeal No. 219 of 2013)
- Obongo v Kisumu Council (1971) EA 91
- Bank One Limited v Simbamanyo Estates Limited (Miscellaneous Application No. 645 of 2020)
- Bank One Limited v Simbamanyo Estates Limited (Miscellaneous Application No. 645 of 2020)
- Uganda Revenue Authority v Wanume David [2018] UGCA 9
- Hajara Nakitto vs Attorney General
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.