26th September 2023.
KAMPALA, Uganda – The Uganda High Court has granted Hajara Nakitto a compensation of Shs 50 million for the tragic loss of her 15-year-old son during the November 2020 city riots. Civil division judge Musa Ssekaana, in a decision delivered on Friday, declared the death of her son, Amos Ssegawa, as unlawful and an arbitrary deprivation of the right to life, holding the government accountable for its actions.
The ruling follows a successful petition filed by Nakitto against the then Attorney General. She argued that her son lost his life on November 19, 2020, during the unrest that ensued after the arrest of then-presidential candidate Robert Kyagulanyi Ssentamu. The police and army had used live bullets to quell protests that erupted during a campaign rally in Luuka district.
Official government reports had indicated that up to 54 lives were lost during the two-day protests that began on November 18. Responding to the protests, President Yoweri Museveni had pledged to compensate the families of those killed during the riots if it was proven they were not involved in the unrest. He noted that among those killed, 32 were rioters, and 22 were innocent victims.
Nakitto, a resident of Kinoni town council in Lwengo district, recounted how her son, then a senior two student at Lubiri High School in Kampala, was tragically shot by individuals in Uganda People’s Defence Forces (UPDF) uniforms. The incident took place at Cornerstone Plaza in Kampala as they tried to escape the chaos engulfing the city. She vividly described how soldiers in a green military police vehicle from Mengo began shooting indiscriminately, and within minutes, her son was fatally wounded.
After reporting the case to the police, they advised Nakitto to conduct a postmortem to determine the cause of death. The family exhumed the body, and Dr. Moses Byaruhanga, a police pathologist, conducted the examination.
The postmortem revealed that Ssegawa had succumbed to neurogenic shock resulting from head trauma. Nakitto attempted to seek compensation from the police but received no response, compelling her to seek justice through the courts.
Nakitto’s pursuit of justice came at a significant personal cost. She lost her job due to the relentless pursuit of justice, and her daughter, Jovia Nagawa, suffered emotional trauma and a financial burden due to lost income, affecting her education.
In her plea to the court, Nakitto requested compensation for her profound loss and the damages incurred. The Attorney General argued against the petition, claiming that Nakitto had not provided evidence implicating the government.
However, Judge Musa Ssekaana, in his ruling, rejected these arguments. He determined that Nakitto’s son had tragically died from a stray bullet, possibly fired by either soldiers or police attempting to restore order during the chaotic riots in Kampala.
“The country was in a state of confusion as a result of riots in different parts of the country, and yet it was a campaign period of the 2021 elections. It would not be possible for the applicant or her deceased son to identify who fired a stray bullet that ended his life. This court could not place such a heavy burden to prove the shooting was either by a soldier or policeman,” said Ssekaana.
The court awarded Nakitto Shs 50 million as compensation but opted not to grant punitive damages, considering the challenging circumstances that law enforcement faced while attempting to maintain order during the riots in the city.
This ruling serves as a testament to the importance of accountability and justice, providing solace to a grieving mother while underscoring the responsibilities of those in authority. It underscores Uganda’s commitment to upholding the principles of justice and fairness, even in the face of challenging circumstances.
