Uganda: Mukasa and Another v Attorney-General (2008) AHRLR 248 (UgHC 2008)
(e) The right to be free from all forms of discrimination;
(f) The right to the highest standard attainable of physical and mental health;
(g) The right to just and favourable condition of work;
(h) The right not to be subjected to torture, or other cruel, inhuman or degrading treatment or
punishment
”
[43.] Learned counsel proposed shs 10 million as a fair compensation for the humiliation, injury
and trauma suffered by the second applicant at the words of state agents. I find that reasonable
and I award it to the second applicant. In
Ronald Reagan Okumu and Others v
Attorney-General
MA 63/02, Kania J awarded the
applicants shs 10 million each for violation of their rights or personal liberty, and from torture,
cruel inhuman and degrading treatment or punishment guaranteed under articles 23(1) and 24
of the Constitution. Here the award is in respect of violation of article 24 only in view of my
earlier findings that the Attorney-General is not vicariously liable for the LC1 Chairman’s
atrocities.
[44.] In respect of the first applicant, the evidence of record shows that the police did not handle
her documents properly. They gave the LC1 Chairman unlimited access to the said documents
even after he had handed them over to police, and detained the said documents over night
without any entry in their books in accordance with their laid down procedures. She is
accordingly awarded three million shillings for violation of her rights to property contrary to
article 27(2) of the Constitution which reads: ‘No person shall be subjected to interference with
the privacy of that person’s home, correspondence, communication, or other property’.
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