The International Crimes Division of the High Court has issued a ruling requiring an American couple, Mackenzie Leigh and Nicholas Scott Spencer, to compensate a 10-year-old HIV-positive foster son with Shs100 million for the alleged torture he endured while under their care.
The child’s identity is being protected to safeguard his right to privacy. Mackenzie Leigh and her husband, Nicholas Scott Spencer, were accused of intentionally inflicting physical and mental pain on the young boy.
The court heard accounts of the child’s treatment, which included being isolated from other children, withdrawn from school, made to sleep on a wooden slab without a mattress, forced to sit on cold tiles with his legs crossed and folded, and fed frozen food. The child was even subjected to continuous CCTV surveillance as a form of punishment under the guise of discipline.
Initially, the couple faced charges of aggravated torture, aggravated child trafficking, cruel, inhumane or degrading treatment or punishment, and child neglect. Prosecutors argued that the couple, who had been residing in Uganda since 2017, recruited, transported, and kept the child in their care through the abuse of his vulnerability for purposes of exploitation.
The prosecution alleged that these offenses took place between December 2020 and December 2022 in Naguru, Kampala District. Although the couple initially pleaded not guilty to the charges, they later reached a plea bargain agreement with the Office of the Director of Public Prosecutions, where they acknowledged their wrongdoing and agreed to return to the United States.
On Tuesday, Lady Justice Alice Komuhangi Khaukha endorsed the plea bargain agreement. She also acknowledged lawyer David Mpanga’s observations that there is a systemic issue with no mechanism in place to care for unfortunate children in Uganda.
“The child needed help and support after he lost his father and was abandoned by his mother with no known relative willing to support him. Unfortunately, the accused persons failed to manage his peculiar behaviours,” said Justice Komuhangi.
In addition to the Shs100 million compensation, the judge ordered Mackenzie Leigh and Nicholas Scott Spencer to pay fines of Shs3.3 million and Shs1.5 million for their crimes, with a default jail sentence of two years and six months respectively. She directed that the monetary compensation be temporarily deposited in the Asset Recovery Management Fund account in the Central Bank pending the appointment of a trustee who will manage it on behalf of the victim.
Furthermore, Justice Komuhangi instructed the Office of the Director of Public Prosecutions to collaborate with the public trustee, who serves as the administrator general, within three months of this order to determine how the money should be managed for the child’s benefit.
