UHRC awards Kiboga herdsman sh6m over unlawful arrest, detention

________________

The Uganda Human Rights Commission has awarded sh6 million in compensation to a herdsman for unlawful arrest and illegal detention by police.

The award was granted to James Mugabo, arrested on suspicion of theft and subsequently detained in violation of his constitutional rights.

In its ruling, the Commission, chaired by Mariam Wangadya and assisted by three commissioners, Simeo Nsubuga, Jacklet Atuhaire and Shifrah Lukwago, found that the actions of the police infringed on Mugabo’s rights.

The Commission held that the arrest and continued detention were unlawful and amounted to a violation of his fundamental rights.

It further ordered that the sh6 million compensation will attract interest at a rate of 10 percent per annum from March 24, 2026, until it is fully paid.

Mugabo James told the Commission that on October 7, 2009, while herding cattle in Kiriyokya, Kiboga District, he was arrested by two police officers attached to Kiriyokya Police Post on suspicion of stealing a motorcycle belonging to one Kayongo Mandela.

He denied the accusation, stating that by the time he ended his employment with Mandela more than two years earlier, Mandela did not own a motorcycle.

Mugabo further narrated that he was initially detained at Kiriyokya Police Post for three hours before being transferred to Kiboga Police Station, where he was held until October 9, 2009. He was later moved to Sanga Police Post, where he remained in detention until October 12, 2009.

According to his testimony, he was subsequently transferred to Rushere Police Station, where he was detained until October 23, 2009, when he was released on police bond.

He told the Commission that throughout his detention, he was never produced before court, which he argued was a violation of his constitutional rights.

In its findings, the Uganda Human Rights Commission agreed with Mugabo, noting that his prolonged detention without being presented before court was unlawful and infringed on his right to personal liberty.

“The arrest and detention of Mugabo was arbitrary as the state offered no explanation for their actions. Once a person’s liberty is restricted, other adjunct rights flowing there from are equally restricted, or the right to work, the right to freely associate with others of his choice, the right to procreate. It is the reason the law places the burden on the authority depriving a person of his liberty to explain why the arrest and detention   was necessary,” the commission said.