In a landmark ruling, the High Court in Kampala has ordered the Ugandan government to pay Shs50 million in compensation to renowned author and political critic Kakwenza Rukirabashaija, following a case that has become a symbol of the struggle for free speech in the country.
The court’s decision came after finding that Mr. Kakwenza’s rights were violated during his arrest and detention in April 2020. He was taken into custody shortly after publishing his breakout novel, The Greedy Barbarian, a satirical work that critiques corruption and governance in an unnamed African state. The book’s narrative, centered around the rise of a ruthless character, Kayibanda, to political prominence, appeared to resonate too closely with real-life events in Uganda, provoking a backlash from certain government figures.
Mr. Kakwenza’s ordeal began when security officers arrested him and held him incommunicado for seven days. During this period, he was subjected to severe torture, including beatings, blindfolding, and waterboarding, according to court records. His lawyer, Eron Kiiza, had to file a writ of habeas corpus, which legally compelled the state to produce Mr. Kakwenza either dead or alive. When he finally appeared in court, his visible injuries—swollen ankles and wounds on his back—pointed to the harsh treatment he had endured.
In his ruling, Justice Boniface Wamala condemned the actions of the security officers, declaring their treatment of Mr. Kakwenza as “torture, cruel, inhuman, and degrading.” The court held that the detention, which lasted from April 13 to April 20, 2020, violated Uganda’s constitutional protections against arbitrary arrest and detention. Additionally, Justice Wamala noted that forcing Mr. Kakwenza to disclose passwords to his social media accounts constituted a breach of his right to privacy, as security officers conducted these actions without a legal warrant.
“The applicant was subjected to acts of torture, cruel, inhuman, and degrading treatment during his detention,” Justice Wamala stated. The court awarded Mr. Kakwenza Shs40 million in general damages for the suffering he endured, and an additional Shs10 million in exemplary damages, citing the high-handed behavior of the state agents involved.
The case has drawn international attention, highlighting the dangers faced by Ugandan writers and activists who challenge government narratives. Despite the High Court’s decision, Mr. Kakwenza remains in exile in Germany, where he lives as a guest of PEN International after another arrest and alleged torture following the release of his second book, Banana Republic: Where Writing is a Crime. His departure underscores the risks faced by those who use their voices to criticize the government and the lack of safety they experience within their own country.
Although the court did not find conclusive evidence that Mr. Kakwenza’s detention was directly linked to his literary work, it acknowledged that he had been unfairly targeted and mistreated by state agents. The ruling suggests a broader pattern of suppressing dissent in Uganda, where critical voices, especially those in the creative arts, often face severe reprisals.
The High Court’s decision is not an isolated event but rather adds to a series of rulings where Ugandan courts have found state actors guilty of human rights violations. It mirrors earlier decisions such as Behangana & Anor v Attorney General (2010), where the Constitutional Court ruled that conducting a search without a warrant was a violation of privacy rights. In Mr. Kakwenza’s case, Justice Wamala similarly emphasized the importance of upholding constitutional guarantees and holding state agents accountable for their actions.
The court’s directive for the government to bear the costs of the lawsuit further reinforces the principle that individuals should not be burdened for challenging state misconduct. The ruling aims to deter similar abuses by signaling that such violations will not be tolerated under the rule of law.
The ruling against the Ugandan government comes amidst growing scrutiny of human rights practices in the country. According to a 2021 report by the Uganda Human Rights Commission, instances of torture by security forces remain a persistent issue, with the police and military frequently implicated in such abuses. Mr. Kakwenza’s case serves as a high-profile example of these challenges, reflecting the ongoing struggle for justice and accountability.
Critics argue that despite court rulings, systemic change remains elusive, with security forces often acting with impunity. Nonetheless, Justice Wamala’s ruling has been welcomed by human rights advocates as a positive step towards strengthening judicial oversight and protecting fundamental freedoms in Uganda.\
While the compensation awarded to Mr. Kakwenza Rukirabashaija is a notable victory for human rights and justice in Uganda, the broader implications of the case reveal the difficult environment for free expression. His story illustrates the courage of those who speak out against corruption and abuse, even as they face severe consequences.
The High Court’s decision sends a clear message about the judiciary’s role in upholding the rule of law, but it also underscores the need for continued vigilance in protecting the rights of all Ugandans. For Mr. Kakwenza and others like him, the fight for justice continues, both within the courtroom and beyond Uganda’s borders.
This ruling may be a step forward, but the real test will be whether it leads to meaningful changes in the conduct of security forces and the protection of free speech in Uganda.
