By Anthony Wesaka, KAMPALA Uganda
The High Court in Kampala - Uganda, has ordered government and police officers to pay Shs40m as compensation to a journalist who was battered while covering Paddy Sserunjogi, alias Sobbi, the leader of a criminal gang --Kifeesi-- in 2018.
Three police officers, who assaulted Mr Twaha Mukiibi of NBS TV, will pay half of the Shs40m compensation award individually. The other half will be paid by the Attorney General.
The implicated police officers who were condemned for the illegal arrest and torture of the journalist are Peter Austine Ocen, Ali Kakooza and Kalange Yakut.
"It would appear to every average man that it is irresponsible to harm or inflict injury to a journalist who is carrying out his duty of informing the public when he is clearly identified as such,” Justice Musa Ssekaana ruled on December 18.
He added: “The applicant (journalist) was clearly identifiable as a journalist by the said police officers and it is expected of a government, which runs its affairs, including security, in a manner which it should not interfere with the basic rights of citizens to freedom and opportunity for personal achievement and progress of persons in the course of their employment to earn a living. It is on that basis that I award a sum of Shs30m for the illegal arrest and torture and cruel treatment of the applicant.”
Justice Ssekaana also awarded Shs8m to the journalist as punitive damages. The judge also awarded Mr Mukiibi Shs2m as special damages for the medical bills he incurred on treatment following the assault.
Justice Ssekaana cited Section 10 of Human Rights Act 2019 that provides for personal liability for infringement of rights and freedoms.
Mr Mukiibi had on several occasions been assigned to cover Sobbi, who had called NBS TV to cover the gang’s press conferences.
"Following the complaints to our news editors on January 15, 2018, I was together with colleagues assigned to interview the Kifeesi criminal gang leader, Sobbi again, as to the exact facts of how they collaborate with senior police officers so that we would be thoroughly equipped to conduct a proper interview with police the following day,” the journalist stated in his suit.
"After about 15 minutes of the interview, two police patrol pick-up vehicles arrived with police officers commanded by 2nd (officer Ocen) and 3rd (officer Kakooza) respondents at Rosa Gardens, Kyengera. They (police officers) started to beat and torture me while alleging that I was the one who was tarnishing the image of the police,” Mr Mukiibi added in his court testimony.
The Attorney General had justified the actions of the police officers on grounds that they had acted within the law in arresting the journalist.
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