The High Court in Kampala has ordered the government to pay Shs 10 million in compensation to a man who was unlawfully detained by police for ten days without being brought before a court.
The ruling stems from a petition filed by Peter Byansi, who was arrested on January 28, 2024, along Bulenga Road and detained at the Special Investigations Unit (SIU) in Kireka, Wakiso District, on allegations of obtaining money by false pretence.
Byansi told the court that he was held for four days at Kireka and later transferred to Nateete Police Station, where he was detained for another six days. He said police officers demanded that he refund the disputed money and only released him on bond after he deposited his land sale agreement as security.
In his petition, Byansi argued that his prolonged detention and alleged torture — which he claimed left him with a fractured arm — violated his constitutional rights to personal liberty and freedom from cruel or inhuman treatment.
He further asked the court to declare that any evidence obtained during his detention was inadmissible because it was obtained through coercion.
However, in his ruling, Justice Bernard Nahamya found that while Byansi’s ten-day detention was indeed unlawful, the court could not confirm his torture claims.
The judge explained that the respondents had presented an affidavit from Sarah Kabasomi, a human resource officer at Mulago National Referral Hospital, indicating that Dr Frank Kibuuka, who allegedly signed Byansi’s medical report, was not known to the hospital. This, the judge said, cast doubt on the authenticity of the medical evidence.
Justice Nahamya therefore ruled that Byansi had not proved his torture claims to the required legal standard but affirmed that his detention without being produced in court within 48 hours violated his constitutional right to personal liberty.
He directed the Attorney General, who was listed among the respondents, to pay Byansi Shs 10 million in compensation, along with the costs of the application.
