Marriage promise broken: Woman imprisoned six months for failing to pay sh14.1m

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Fortunate Kyarikunda, a law enforcement officer attached to Rubanda town council, is spending six months in jail for failing to pay shillings 14.1 million to her former boyfriend over breach of a marriage promise.

The Rukungiri Chief Magistrate Court's grade one magistrate Dinah Nekesa, on March 11, 2026, ordered Kyarikunda to be committed to Rukungiri government prison for six months for failing to pay the money to Richard Tumwiine, a primary school teacher.

In January 2023, Kanungu Magistrate’s court ordered Kyarikunda to refund Tumwiine shillings 9,439,100 that he had spent on her education in anticipation of marriage.

This was after Tumwiine proved in court that he spent the money to educate Kyarikunda at the Law Development Centre.

Kanungu grade one magistrate Asanasio Mukobi ruled that since Kyarikunda did not fulfil the promise to marry Tumwiine, he was entitled to reimbursement of the money he spent on her studies and an additional shillings one million as general damages for inconveniences and psychological anguish suffered.

Kyarikunda neither submitted a defence nor attended the proceedings in court.

Kyarikunda then filed an appeal before the Chief Magistrate’s court against the ruling on March 17, 2023, through Nasike and Co Advocates, requesting that the ruling issued by the Kanungu Magistrate’s court in civil suit number 024 of 2022 be overturned.

She argued that she did not receive the original summons and was unable to file a defence because her phone was in the possession of her sister, Rhona Atukwasa.

However, in the May 25, 2025, ruling, Kanungu grade one magistrate Mukobi dismissed Kyarikunda’s application with costs. The court found that Kyarikunda consistently failed to appear before the court, as did her purported counsel.

“To say the least, this court finds that the applicant has defeated her own pursuit for justice. She has consistently never appeared before this court and so is her purported counsel. They do not even want the application filed by themselves to be heard and determined, although the applicant alleges that she wants justice by being heard…This is incredible, and it must be out of shame given the circumstances of the subject matter in the main suit. Justice is not only for the applicant but also the respondent,” reads the ruling.

Tumwiine’s lawyer, Erasmus Nabimanya, welcomed the ruling, stating that Tumwine deserved justice. He noted that Kyarikunda’s continuous absence from court indicated that she had no valid arguments to present.

Background of the matter

Tumwiine and Kyarikunda, who were both teachers, started their relationship in 2015 at Kiringa Primary School in Kambuga sub-county and entered a marriage agreement in 2018.

During that time, Tumwiine financially supported Kyarikunda and sponsored her to complete her diploma in legal practice at the Law Development Centre (LDC) in Kampala. He said he spent at least shillings 9.4 million on the course.

Tumwine informed the court that after completing the bar course, the lovebirds agreed to arrange an introduction ceremony, which had been scheduled to take place in February 2022 and a budget was drawn with the function slated for the same month

Too old

Kyarikunda later turned against Tumwiine, saying he was too old and likely to cause her stress in the marriage, prompting Tumwiine to drag her to court.

The magistrate said he had analyzed the evidence and found out that there was a love relationship between the two and that Tumwiine had also sent her money to pay her tuition.

“A clear perusal of exhibits indicates monies being set by mobile money to Kyarikunda. This was when the love relationship between the two was at its apex. The said monies were spent on Kyarikunda in the hope that their relationship goes an extra mile up to marriage. This did not take place at Kyarikunda’s insistence. Kyarikunda cannot therefore retain Tumwiine’s money and also withhold the consent to marry him,” the Magistrate ruled.

The Magistrate said, “there is no wrong without a remedy. Victims of wrongs such as Tumwiine in this case are entitled to compensation,” he said, quoting Article 126 (2) (c) of the 1995 Constitution as amended.

Article 126 (2) (c) of the 1995 Constitution of Uganda mandates that in both civil and criminal cases, courts must ensure that "adequate compensation shall be awarded to victims of wrongs". This provision ensures that, subject to the law, judicial remedies focus on restitution and justice for victims, not just punishment.