High Court Awards Shs10 Million to Malcolm Lukwiya Over Unlawful Detention at Nalufenya Police Station

The High Court in Kampala has awarded Shs10 million in damages to Malcolm Lukwiya after ruling that his constitutional right to personal liberty was violated when he was unlawfully detained at Nalufenya Police Station in Jinja for 16 days without being presented before a court.

In a judgment delivered electronically, Justice Bernard Namanya of the Civil Division found that Lukwiya’s detention exceeded the 48-hour constitutional limit provided under Article 23 of Uganda’s Constitution.

The court, however, dismissed allegations of torture and extra-judicial rendition, citing insufficient evidence to support the claims.

Court Finds Violation of Constitutional Rights

Lukwiya had sued the Attorney General, accusing Ugandan security agencies of unlawfully arresting, detaining, torturing, and transferring him between Kenya and Uganda in 2015.

According to court records, Lukwiya, who was 17 years old at the time, testified that he was arrested on July 1, 2015, at Wangige Taxi Stage in Nairobi by armed security operatives he believed were both Ugandan and Kenyan officers.

He told the court that he was initially detained at Kenya’s Anti-Terrorism Police Unit headquarters before being transferred to Uganda on July 3, 2015.

Lukwiya alleged that he was handcuffed, blindfolded, and transported in the boot of a vehicle before being taken to Nalufenya Police Station in Jinja District.

Allegations of Torture Dismissed

During the hearing, Lukwiya claimed he was held in isolation, denied access to family members, and interrogated about alleged links to extremist groups operating in East Africa.

He further alleged that he was assaulted, threatened, and falsely accused of involvement in the murder of Muslim cleric Sheikh Hassan Kirya.

However, Justice Namanya ruled that the torture claims could not be upheld because Lukwiya failed to provide medical evidence supporting the allegations.

“Although the plaintiff alleged that he was tortured while in police detention, he did not adduce medical evidence in support of that allegation,” the judge stated.

The court also rejected claims that Lukwiya had been subjected to extra-judicial rendition, saying the evidence presented did not conclusively prove that he was unlawfully transferred from Kenya to Uganda outside established legal procedures.

Government Failed to Justify Prolonged Detention

Despite dismissing some of the claims, the court found that evidence from both parties confirmed Lukwiya was detained at Nalufenya Police Station from July 3 to July 19, 2015, without being produced before a competent court.

Justice Namanya noted that the detention significantly exceeded the constitutionally permitted 48-hour period and that the government failed to provide any lawful justification for holding him for such a long time.

“The defendant adduced no evidence to prove such detention or show that the plaintiff was held pursuant to any recognized judicial order or legal process in Uganda,” the judge ruled.

Attorney General Held Liable

The court held the Attorney General vicariously liable for the actions of the police officers involved in the unlawful detention and ordered the government to compensate Lukwiya with Shs10 million in general damages.

In addition to the compensation, the government was directed to cover the legal costs of the suit.

Lukwiya was represented by lawyer Stella Nakamya of Rwakafuuzi & Company Advocates.

The ruling is expected to reignite debate over constitutional safeguards, unlawful detention, and accountability of security agencies in Uganda.