Uganda: Mukasa and Another v Attorney-General (2008) AHRLR 248 (UgHC 2008)
only bent on saving his skin on realizing his predicament.
[38.] Secondly, the police officer said the Chairman and the second applicant arrived at the
police post while exchanging hot words. Why would the second applicant exchange ‘hot’ words
with a person who was saving her from being lynched by a mob? The true story is therefore as
given by the applicants. The second applicant was arrested by LC1 Chairman while she was in
the first applicant’s house resting. He took her to the police post forcibly via his office where he
denied her the use of the toilet. From there he took her to the police under escort of LDU’s from
where she was forcibly undressed and ‘examined’ and her breast fondled by the police OC to
establish her sex.
[39.] All these actions clearly amounted to a breach of their constitutional guarantees stated
earlier and a violation of international human rights instruments to which Uganda in a party. The
first applicant’s house was forcibly opened and unlawfully searched without a search warrant.
The LC Chairman had no such power. Section 50 of the LGA which spells out the functions of
LC’s does not give an LC Chairman powers to arrest and search without a warrant. Mr Lubega
said he was the Chairman Local Council 1 Zone C of Kireka Parish, Kira Town Council. His
actions were accordingly unlawful. The section reads:
50. Functions of the chairperson of an administrative unit council.
The chairperson shall-
(a) At the country and parish level convene and preside at all meetings of the country or
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