By KAMPALA – The High Court in Kampala has awarded Shs30 million in general damages to Busindi Samuel Masereka, the registrar of the opposition National Unity Platform (NUP) in Kasese District, for injuries sustained during his abduction and detention by security operatives in 2022 on allegations of being linked to the Allied Democratic Forces (ADF) rebel group.
Delivering the ruling on February 14, 2025, presiding judge Musa Ssekaana, now a designated Court of Appeal judge, found that Masereka had been subjected to torture, violating his fundamental rights.
“The applicant (Masereka) has demonstrated that he was subjected to inhumane treatment, which compromised his rights to dignity, freedom from torture, and personal liberty as safeguarded by the Constitution. This court recognizes that these rights are foundational and non-derogable, affirming that any infringement warrants judicial remedy,” ruled Justice Ssekaana.
The judge dismissed the government’s argument that Masereka had not sufficiently proven his claims, stating:
“While the respondents (Attorney General and Maj. Gen. Abel Kandiho) argue that the applicant did not adequately prove his claims or provide sufficient documentation for the alleged damages, this court finds otherwise. Given the gravity of the constitutional violations presented, the applicant is entitled to effective redress. In line with Article 50(1) of the 1995 Constitution of Uganda and jurisprudence that mandates meaningful compensation for rights violations, I find it appropriate to award the applicant Shs30 million as general damages.”
Justice Ssekaana emphasized that the award serves both as compensation for the physical and psychological harm suffered by Masereka and as a reaffirmation of the court’s role in upholding constitutional protections and human dignity.
Background
According to court documents reviewed by this publication, Masereka was abducted on January 7, 2022, at around 6:00 p.m. while playing pool at a local pub in Kasese Town. Three security operatives, reportedly attached to the Uganda People’s Defence Forces (UPDF) and working under the Chieftaincy of Military Intelligence (CMI), arrested him.
He was initially detained at Kilembe Police Post, where he was denied communication with his family after his mobile phones were confiscated. The following morning, he was picked up by UPDF operatives, accompanied by a police officer identified as Bwambale, and taken to his home, where a three-hour search was conducted. Security personnel seized his laptop, national ID, flash drives, SIM cards, and NUP documents as exhibits, all in the absence of his family members.
“I was then driven to Kasese Central Police Station and later handcuffed and transported to Kampala, accompanied by three UPDF officers. Upon arrival at an unknown location, I was hooded, undressed, and taken to a basement cell,” Masereka stated in his affidavit.
He later learned from fellow detainees that he was being held at the CMI headquarters in Mbuya. On January 9, 2022, he was interrogated for approximately four hours by four male officers regarding NUP’s funding sources, the party’s plans, and his phone conversations with NUP Secretary General, Lewis Rubongoya.
Masereka recounted that his responses did not satisfy his interrogators, leading to hours of severe physical abuse.
“I was thoroughly battered and brutalized for close to seven hours using a ‘solido wire’ across my body. I was punched in the lower abdomen, and even my genitals were not spared,” he stated.
He sustained severe injuries, which he says remain visible to date.
Government’s Response
In its defense, the Attorney General’s office maintained that Masereka had been lawfully apprehended as part of a broader security operation against the ADF and was handled professionally.
“…I know that all investigations involving the applicant were conducted professionally and in accordance with the law by the Chieftaincy of Military Intelligence (CMI) in conjunction with the Uganda Police Force,” stated Maj. Paul Ajala Mukungu, a legal officer within the Joint Anti-Terrorism Task Force (JATT) and CMI.
He further argued that Maj. Gen. Abel Kandiho was wrongly included in the case.
“I know that the 2nd Respondent was wrongly added as a party and ought to be struck off. I know that proper procedures were followed throughout the investigation, ensuring that human rights and freedoms were respected,” Mukungu added.
Masereka was represented by NUP lawyer, George Musisi.
This ruling marks a significant legal precedent in holding security agencies accountable for human rights violations and reaffirms the judiciary’s commitment to upholding constitutional freedoms.
