By KT Reporter
The Uganda Human Rights Commission has awarded compensation to Visensio Mucunguzi, 58, a resident of Rwenkuriju B Village, Kanyabwamba Sub-County, Mitooma District, following the death of his son, Tumwijukye Serestino, who was shot dead by a police officer.
Tumwijukye, who was a boda boda rider, was killed on March 1, 2015, while waiting for passengers at his stage in Omukakabanda Trading Center at around 8 p.m. He is survived by his widow, Scovia Twikyirize, and two children. According to court records, Sergeant Bagambireryo Apulinali, the Officer-in-Charge of Kashongororo Police Post, allegedly shot Tumwijukye in the head, killing him instantly.
Mucunguzi told the tribunal that the killing was intentional, amounting to a violation of his son’s right to life. He argued that Sergeant Bagambireryo acted in the course of his employment as a state officer, making the state vicariously liable for his actions, and sought compensation.
Mucunguzi testified that he witnessed the shooting and noted that his home is near the boda boda stage. He said Bagambireryo fired three shots, after which Tumwijukye fell off the bike, and Bagambireryo fled the scene. Police officers from Mitooma Police Station, who attended the funeral, acknowledged the crime, but no assistance was provided by the government.
The defence, represented by Rita Kalemba, denied liability and disputed that the respondent violated Tumwijukye’s right to life or that the complainant was entitled to compensation. In its ruling, the tribunal, led by Commission Chairperson Mariam Wangadya, found that Bagambireryo had indeed violated Tumwijukye’s right to life, protected under Article 22(1) of the Constitution as well as regional and international human rights instruments to which Uganda is a signatory.
Delivering the ruling at the Mbarara Regional Commission office, the commission stated that Bagambireryo intentionally and deliberately shot Tumwijukye. The tribunal noted that the Police had preferred a murder charge against Bagambireryo rather than manslaughter, signaling that even his superiors believed the act was intentional. It found no evidence that Bagambireryo faced any imminent danger that would have justified the use of a firearm.
The commission described his actions as high-handed, barbaric, oppressive, reckless, heartless, intentional, wanton, deliberate, criminal, unconstitutional, and impossible to justify. The tribunal also emphasized that the economic or social status of the deceased was irrelevant. Under Article 21(1) of the Constitution, all persons are equal before the law and entitled to equal protection.
Considering all factors, the commission awarded Mucunguzi 80 million shillings as compensation, which will accrue interest at 10% per annum until full payment. In addition, Mucunguzi was ordered to pay 5 million shillings to Scovia Twikyirize, the deceased’s wife, and 5 million to Leticia Birungi, the deceased’s mother.
The remaining 70 million shillings will be managed by Mucunguzi for the benefit of Tumwijukye’s children, Isaiah Taremwa, and Victor Nabasa . Mucunguzi commended the commission for delivering justice and awarding compensation, saying it was well deserved.
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