Gov’t ordered to compensate Thomas Kwoyelo’s victims

GULU - The International Crimes Division of the High Court of Uganda has ordered the government to pay reparations to Thomas Kwoyelo’s victims.

This comes after the court found that Kwoyelo is indigent, during the ruling held Monday, December 16, 2024, at Gulu City Court Circuit in Gulu city.

The victims to be compensated include those killed, injured, and those whose property was destroyed, as well as the victims of sexual and gender-based violence (SGBV) in the attacks at Pagak Internally Displaced People’s Camp in Lamogi sub-county and Pabbo sub-county in Amuru district.

According to the court order read by Justice Michael Elubu, sh10 million should be awarded to each person killed in Kwoyelo’s attacks, sh4 million for each person who sustained bodily injuries, sh3.5 million for each household whose property including dwelling houses, foodstuffs, livestock, and bicycles were either looted or destroyed, and sh5 million for each direct victim of sexual and gender-based violence.

Elubu also ordered the government to provide sh3 million for the exhumation and the decent reburial of each victim buried in the internally displaced people’s camps within the case locations.

The money shall cover all the associated rituals and customary rites, among other expenses, according to the court order.

During the entire court proceeding, 103 victims of Kwoyelo’s atrocities participated.
But the court in its ruling has directed that the door be open for as many other eligible victims as possible to be admitted to benefit from the reparations.

They are to apply through the ICD Registry within 360 days from the day of the order’s issuance.

Judges leave the courtroom after issuing the reparations order in Kwoyero case. (Credit: Jesse Johnson James)

On December 5, 2024, during the reparations hearing at Gulu High Court Circuit, the victims’ counsels made seven prayers to the judges: Michael Elubu, Duncan Gaswaga, Stephen Mubiru, and Andrew K. Bashaija, regarding the reparations.

In those prayers, they asked the court to order the Attorney General to establish a trust fund for victims; the Attorney General to make annual budgets for the trust funds for victims in this case and subsequent similar cases; and the Attorney General to make a plan for the implementation of the court order, among others.

But Elubu said those three prayers are incapable of being legally enforced by the court since they all require legislative policies.

“…no legislative framework for the establishment and the management of a trust fund for victims is a matter that requires urgent attention by the responsible authorities,” Elubu read out part of the court declaratory order.

Meanwhile, Johnson Natuhera Kimera, who represented the Attorney General, sought leave of the court to appeal against the court order on the reparations.

According to him, the respondent feels the laws used to arrive at the order require the appellate court to interrogate them further.

Despite a nod by the prosecution and protests by the victims’ counsels and the defence on the Attorney General’s application to seek leave of the court to appeal against the reparations order, the court gave the green light.

According to Justice Stephen Mubiru, the Attorney General can appeal against the reparations order since the court used novel points of law that were not tested before.
Court was then adjourned by Justice Elubu.