The High Court Civil Division in Kampala has awarded a senior police officer 10 million Shillings for violations of his right to personal liberty.
The officer, Assistant Superintendent of Police Steven Mugarura in 2012 sued the then head of flying squad CP Herman Owomugisha and the Attorney General accusing police of violating his personal liberty by subjecting him to numerous unlawful arrests, detention and malicious prosecution contrary to article 23 of the Constitution of the Republic of Uganda.
Mugarura told court that in 2012, while serving as the Officer in Charge OC Criminal Investigations Directorate-CID of Kabarole Police Station, he encountered a notorious criminal gang that was robbing people’s properties across Uganda and started off an operation to have it investigated and brought before the law.
He says that in execution of his duties, he faced direct obstruction and confrontation from senior police officials who connived with the said criminals to unlawfully arrest, detain, torture and frame him with several charges.He says they also deliberately denied him work and refused to re-deploy him despite being cleared by the authorities.
In their defense, Owomugisha said that Mugarura alleged that some armed criminals wanted to kill him and then he reported that to his office where he was the commandant of the flying squad and that by this time Mugarura was no longer in the criminal investigation department as he had been transferred to Field Force Unit of which he refused to report.
Owomugisha told court that his office was interested in saving Mugarura’s life from the armed criminals he alleged that they wanted to harm him and it turned out that the said criminals did not have guns when they were arrested, investigated and searched and it was established that they used to steal beans from Government stores.
Owomugisha further accused Mugarura of unlawfully arresting and detaining Wilson Musinguzi Ruhweza and Ismail Kamugisha and soliciting bribes in order to release them, something that would discredit the force. Owomugisha also told court that Mugarura was transferred to the field force unit but refused to report to the unit which tantamounted to misconduct, so he was arrested for misconduct since he was wanted by the Police Standard Unit as being absent without leave.
Owomugisha told court that Mugarura was tried and found guilty by the lower disciplinary court of Police and the Appellate Court was then discharged from the Uganda Police Forces.
In his ruling, Justice Musa Ssekaana found that the respondents adduced evidence that the applicant in 2017 was arrested and charged with irregular misconduct and withdrawal from duty or absence without leave, something that Mugarura did not challenge.
However, the justice also found that Mugarura succeeded on one issue of violation of his right to personal liberty and that the respondents did not challenge any of the arrests Mugarura stated in the various police stations for the stated days in each cell.
Justice Ssekaana hence awarded Mugarura 10 million Shillings as damages for the violation of his personal liberty with interest of 15% from the date of this ruling.
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