KAMPALA - The Civil Division of the High Court has awarded sh5 million in general damages to a former pupil of Sir Apollo Kaggwa Primary School after finding that she was unlawfully subjected to corporal punishment.
In a judgment delivered on July 14, 2026, Justice Simon Peter Kinobe declared that the school’s use of corporal punishment was unconstitutional and illegal.
The suit was filed by the minor, Naswif Katongole, through her mother, Lila Babirye, who accused the school of caning the pupil, causing injuries to her waist that resulted in lasting physical and psychological harm.
The court further directed that the sh5 million award would attract interest at a rate of six per cent from the date of judgment until full payment. The school was also ordered to meet the costs of the suit.
“I grant the following remedies to the plaintiff: a declaration that the acts of battery, corporal punishment and caning of pupils by the defendant and its agents are unconstitutional and illegal; a permanent injunction restraining the defendant and its agents from continuing to administer corporal punishment or caning as a mode of punishment to its pupils; general damages of sh5 million; interest at six per cent per annum on the general damages from the date of judgment until payment in full; and the costs of the suit,” Justice Kinobe said.
According to court documents, teachers identified as Grace Lumu and Joseph Owino allegedly beat the pupil on the waist and back in September 2011 while acting in the course of their duties at the school.
The plaintiff contended that the assault left the pupil with serious injuries, psychological trauma and long-term mobility complications.
Through Anguria and Company Advocates, the case was filed on May 14, 2014, with Katongole and Babirye seeking a declaration that the use of corporal punishment, including caning, by the school and its employees was unconstitutional, illegal and should be stopped.
The pupil also sought compensation for injuries allegedly suffered following an assault by the school’s employees while acting in the course of their duties.
The school, however, through its lawyers, maintained that the pupil did not lose any academic year, arguing that she sat her Primary Leaving Examinations (PLE) at the same school.
The school further argued that the suit did not disclose any valid cause of action to justify the award of compensation.
Justice Kinobe noted that the Constitution of Uganda and the existing legal framework clearly outlaw such practices. He said the role of educators and guardians is to promote resilience, compassion and a desire to learn, rather than create an environment of fear.
The judge said corporal punishment discourages openness and curiosity, replacing discipline with intimidation and respect with resentment.
“I find it pertinent to state that corporal punishment in schools is a profoundly harmful practice that undermines both the dignity and holistic development of children. It instils fear rather than discipline, breeds resentment instead of respect, and erodes the trust essential to the teacher-student relationship.
The effects are not merely immediate. Physical punishment leaves enduring psychological scars, manifesting in anxiety, aggression, diminished self-esteem, and impaired academic performance.
It normalises violence as a legitimate means of resolving conflict, thereby perpetuating cycles of abuse beyond the classroom,” Justice Kinobe said.