Uganda: Mukasa and Another v Attorney-General (2008) AHRLR 248 (UgHC 2008)
The LC Chairman is clearly part of the lower local government administrative unit of the lower
local government administrative unit namely Kira Town Council, which is capable of suing and
being sued in its corporate name under the LGA. Consequently, the Attorney-General is not
liable for the actions of the LC1 Chairman as rightly stated by Ms Nabakooza.
[41.] The Attorney-General is however liable for the actions of the police. The OC ordered the
forceful undressing of the second applicant in public and fondled her breast. This is humiliating,
and degrading and contravened article 24 of the Constitution which militates against torture,
cruel, inhuman and degrading treatment. It also amounted to abuse of office by the said OC.
This case as Mr Rwakafuzi rightly pointed out in his submission is, however, about abuse of the
applicants’ human rights and not abuse of office. It is also not about homosexuality. This
judgment is therefore strictly on human rights. Article 24 of the Constitution reads as follows:
Respect for human dignity and protection from inhuman treatment
No person shall be subjected to any form if torture or cruel, inhuman or disregarding treatment
or punishment.
[42.] As pointed out earlier, the actions of the stated agents also violated the provisions of a
number of international human rights instruments to which Uganda is a party. These include:
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