The High Court of Uganda has upheld the rights of journalists Timothy Murungi and Henry Sekanjako, declaring that their fundamental rights were violated during an assault by military police while they were covering a political event in February 2021.
The court found that the Uganda Peoples Defence Forces (UPDF) officers, under the command of Lt. Col. Namanya Napoleone, had engaged in acts of torture and inhumane treatment against the two journalists.
The incident occurred when Murungi and Sekanjako were documenting former presidential candidate Robert Kyagulanyi’s presentation of a petition to the United Nations Human Rights Office regarding the abduction of his supporters. The journalists were reportedly blocked from accessing the UN offices and subsequently assaulted by military personnel.
Justice Boniface Wamala ruled that the actions of the military police constituted a violation of the journalists’ rights to freedom of the press, dignity, and freedom from torture, as enshrined in the Ugandan Constitution. The court emphasized that the right to freedom of expression and the press is paramount in a democratic society, and the brutal treatment of journalists undermines this principle.
In addition to declaring the violations, the court ordered the respondents, including the Attorney General and several military officers, to pay UGX 75 million (approximately $20,000) each in general damages to Murungi and Sekanjako. The ruling also included an order for the respondents to cover the legal costs of the application.
The court dismissed claims against the Chief of Defence Forces, stating that there was insufficient evidence to establish liability against that office. However, it affirmed that the Attorney General is vicariously liable for the actions of the military personnel involved.
According to the Uganda Journalists Association (UJA), this ruling is a significant victory for press freedom in Uganda, where journalists have faced increasing threats and violence while performing their duties.
“We welcome the decision this court ruling and this is a crucial step towards ensuring the safety and rights of journalists in the country.” Said Kabuye Ronald, the UJA Spokesperson.
