By Johnson Kanyesige
The High Court has otdered the government to compensate journalists Timothy Murungi and Henry Sekanjako, who were assaulted by the Uganda People’s Defence Forces (UPDF) soldiers while covering a protest in 2021.
Each journalist will receive Shs75 million in recognition of the physical and psychological toll inflicted by the attack.
The incident took place in February 2021 when the journalists, both working for New Vision, were covering opposition leader Robert Kyagulanyi’s petition to the UN Human Rights Office in Kampala.
Mr Murungi, an assistant visual editor, and Mr Sekanjako, a senior journalist, were beaten by military officers while performing their duties.
In a case titled The Uganda Journalists Association vs. The Attorney General, the journalists pursued justice under the Human Rights Enforcement Act, 2019, and Article 50 of Uganda’s Constitution, which guarantees access to justice for human rights violations.
They alleged that their rights to freedom of the press, dignity, and protection from torture were violated.
Mr Murungi’s testimony described the brutality of the attack, including being chased and struck on the head with a baton, resulting in recurring headaches and psychological distress.
Mr Sekanjako recounted similar violence, stating he suffered injuries to his hand and back that impacted his ability to work.
The assault was argued to be part of a broader pattern of intimidation against journalists. Murungi asserted, “This was an attack on press freedom,” highlighting that such actions were intended to deter media coverage of politically sensitive events.
The applicants claimed that the incident was part of an ongoing effort by security forces to curb freedom of expression.
The Attorney General and senior military officials denied these allegations, defending the UPDF’s actions as justified.
However, presiding Judge Boniface Wamala ruled that the assault was an unjustifiable violation of the journalists’ rights, condemning it as “inhumane, cruel, and degrading.”
In his judgment, Justice Wamala ordered the government to pay Shs75 million to each journalist, acknowledging the physical and psychological harm caused by the assault.
“The applicants are entitled to compensation by way of damages for such wrongful conduct,” he stated.
While the journalists sought a public apology from the government or the military, the court rejected this request, deeming it unnecessary given the respondents’ denial of responsibility.
The court also affirmed the legal standing of the Uganda Journalists Association to file the suit on behalf of the journalists, dismissing defence objections to the association’s involvement.
However, the case against the Chief of Defence Forces was dismissed due to insufficient evidence linking the office to the actions of the involved officers.
The Attorney General was held vicariously liable, underscoring state accountability for human rights violations by its agents.
