October 31, 2023
KAMPALA, Uganda | The High Court in Kampala has ordered an American couple to pay a fine and compensation for the mistreatment of their 10-year-old foster son in Uganda. The ruling, delivered by Justice Alice Komuhangi of the International Crimes Division, sends a strong message about the consequences of child neglect and inhumane treatment.
Nicholas Scott Spencer and his wife, Mackenzie Leing Mathias, were found guilty of various charges related to their treatment of their foster son, who they were entrusted to care for. Nicholas Spencer was convicted of child neglect, unlawful stay in Uganda, and employment without a work permit. He has been sentenced to pay a fine of Shs1,500,000. Mackenzie Leing Mathias faced charges of cruel, inhumane, or degrading treatment or punishment, unlawful stay in Uganda, and employment without a work permit. She was ordered to pay a fine of Shs3,360,000.
The court gave the couple a choice: pay the fines or face a three-year jail sentence. In addition to the fines, the American couple has been directed to pay their young victim Shs100 million as compensation for the suffering he endured.
Justice Komuhangi stipulated that each of the convicts would be required to contribute Shs50 million towards the compensation fund. This money is to be deposited into the Office of the Directorate of Public Prosecution (ODPP) Asset Recovery Management Fund account in the Bank of Uganda. The court is taking special care to ensure that these funds are managed for the benefit of the child. Given the circumstances that the child appears to have no family, the Office of the DPP will collaborate with the public trustee, who is the Administrator General, to establish a trust to manage the funds for the child’s benefit.
This verdict came after the couple pleaded guilty to the charges as part of a plea bargain arrangement. The Director of Public Prosecutions (DPP) dropped the initial charges of aggravated trafficking in children and torture, amending the charges to relatively lighter offenses.
According to the prosecution, Mackenzie and Spencer unlawfully stayed in Uganda during specific periods in 2022, and they worked in the country without the required permits. Court documents reveal that the victim was a pupil at the Dawn Children’s Center-Special Children’s Trust and was living with the couple in Nagura Hill as their foster child.
