Court of Appeal Overturns Shs 200 Million Compensation for Convicted Defiler

The Court of Appeal has set aside a Shs 200 million compensation order that was granted to Henry Muloki, a convicted defiler. Muloki had alleged he was tortured by a prison warder while detained at Kitalya Prison.

A three-judge panel at the Court of Appeal found that the High Court judge, Margaret Mutonyi, acted outside her legal authority. The panel, including Deputy Chief Justice Moses Kazibwe-Kawumi and Justices Oscar John Kihika and Stella Alibateese, determined that the compensation was awarded without proper legal proceedings or affording the government an opportunity to respond to the torture claims.

The case originated when Muloki, who pleaded guilty to aggravated defilement in 2017, appeared in court in a weakened state. He informed the court that he had been assaulted by a prison warder. The High Court judge, noting his condition, sentenced him to the time he had already served on remand and ordered his release. Crucially, she also directed the state to pay him Shs 200 million for alleged torture and suffering.

The state appealed this decision, arguing that the judge made findings of torture without hearing from the accused warder or allowing the government to present its defense. The Court of Appeal stressed the constitutional right to a fair hearing, noting that the accused warder was neither summoned nor present to address the allegations.

The appellate court further explained that the High Court judge’s mandate in the criminal proceedings was to determine guilt and sentence, not to adjudicate a separate civil claim against the government. Muloki, the court noted, could have pursued compensation through a civil suit or constitutional redress for rights violations.

Consequently, the Court of Appeal allowed the state’s appeal, overturning the compensation and related orders, while upholding the original sentence imposed on Muloki.

Source: https://observer.ug/news/court-of-appeal-quashes-shs-200m-compensation-award-to-convicted-defiler