Archival Sense
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- Dec 16, 2025
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The Court of Appeal has overturned a Shs 200 million compensation award granted to Henry Muloki, who alleged that he was tortured by a prison warder while in detention at Kitalya Prison.
In a judgment delivered on October 14, 2026, a three-judge panel ruled that the High Court in Mukono acted beyond its jurisdiction when it ordered the government to compensate Muloki without properly instituted proceedings or giving the state an opportunity to respond to the allegations.
Muloki was convicted of aggravated defilement after pleading guilty on June 8, 2017. During the proceedings, he was carried into court by fellow inmates and took his plea while lying down.
When High Court judge Margaret Mutonyi asked about his condition, Muloki said he had been beaten by a prison warder identified only as Otim while working at Kitalya Prison farm.
Concerned about his physical condition, Mutonyi concluded that he had been tortured by a government agent. She sentenced him to four and a half years in prison, equivalent to the time he had already spent on remand, and ordered his immediate release.
The judge also directed the state to pay him Shs 200 million in compensation for the alleged pain, psychological torture and suffering, provide appropriate medical treatment and meet his legal expenses.
However, the state appealed against the orders, arguing that the judge had made findings of torture without hearing from the accused warder or allowing the government to defend itself.
The Court of Appeal agreed, noting that the warder had not been summoned to respond to the allegations and that the Attorney General, who represents the government in civil proceedings, was not a party to the original case.
The judges held that the criminal trial was intended to determine Muloki’s guilt and impose a lawful sentence, not to resolve a separate civil claim against the government.
They said Muloki could pursue compensation through a civil suit or seek constitutional redress if he wished to establish that his rights had been violated.
The court consequently set aside the compensation award and the related orders for medical treatment and legal expenses, while upholding the sentence imposed by the High Court.
Courtesy Photo