High court awards Shs 10m to man detained beyond 48 hours.

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 10 days without being produced in court.

Byansi 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.

He was later transferred to Nateete police station, where he was reportedly asked to refund the disputed money before being released on bond after depositing his land sale agreement.

In his petition, Byansi claimed he had been detained for a cumulative total of 10 days – four days at Kireka and six at Nateete and that he had been tortured during custody, resulting in a fractured arm.

He sought court declarations that his detention and alleged torture violated his constitutional rights under Articles 23, 42, and 45, and that the evidence obtained against him was inadmissible as it was acquired through coercion.

Justice Bernard Nahamya ruled that the extended detention of Byansi violated his constitutional right to personal liberty under Article 23 of the Constitution, which requires that a person arrested be released or brought before court within 48 hours.

The judge further directed the Attorney General, who was listed as one of the respondents, to pay both the compensation and the costs of the application. However, while the court agreed that Byansi’s detention exceeded the lawful time limit, it declined to find that he had been tortured.

The judge said the respondents adduced affidavit evidence from Sarah Kabasomi, a human resource officer at Mulago national referral hospital, who stated that Dr Frank Kibuuka, who allegedly signed Byansi’s medical report, was unknown to the hospital.

The judge concluded that Byansi had not met the required standard of proof on the torture claim, but affirmed that his detention without court appearance for 10 days was unconstitutional.