The High Court in Mbale has ordered the Uganda Wildlife Authority (UWA) to pay 160.8 million Shillings in damages to a member of the indigenous Benet Mosop community who was shot in the right leg by game rangers near Mount Elgon National Park in October 2021.
In a ruling delivered electronically, Justice Farouq Lubega found UWA liable for violating Arapmwoko Emmanuel’s constitutional rights, holding the authority responsible for the actions of its employees who shot him while on duty.
The court awarded Arapmwoko 10.877 million Shillings in special damages for medical and related expenses, 50 million Shillings in general damages and 100 million Shillings in punitive damages.
UWA was also ordered to pay the costs of the application. The ruling followed a dispute over the circumstances in which Arapmwoko sustained a gunshot wound that caused a severe fracture of his right leg. UWA denied that its rangers shot him, arguing that his family had initially reported that unidentified assailants were responsible.
According to court records, the shooting occurred on October 27, 2021, as Arapmwoko returned home after visiting his stepfather in Kaeplyo village, Moyok Sub-county, Kween District.
He told the court that he encountered five-armed rangers in green uniforms near the national park while they were moving cattle towards the forest. He said he became frightened and attempted to flee before one of the rangers shot him in the right leg. His account was corroborated by an affidavit from his neighbour, Job Chemos, who said he heard a gunshot followed by a cry for help.
Chemos told the court that he saw rangers in the area and found Arapmwoko lying on the ground, bleeding heavily, about 10 minutes after they had left.
Chemos said he and other residents administered first aid and helped transport the injured man to a trading centre, where arrangements were made for further medical attention.
Medical evidence presented to court confirmed that Arapmwoko sustained a gunshot wound resulting in a comminuted fracture, in which the bone breaks into several fragments, leaving his right leg deformed.
He was first taken to Kaproron Health Centre III before being referred to Kapchorwa Referral Hospital. He later received further treatment at Kumi Orthopaedic Centre.
UWA’s Chief Warden for the Mount Elgon Conservation Area, Fredric Kizza Kayanja, told the court that the authority provided three million Shillings towards Arapmwoko’s medical expenses on humanitarian grounds and as part of its corporate social responsibility.
The authority argued that its rangers were authorised to impound cattle found grazing inside the protected area but did not herd or impound livestock from villages. Its officials also questioned the absence of a police investigation report and disputed the claim that the alleged shooting amounted to torture.
However, Justice Lubega found that the applicant’s account was supported by his neighbour’s evidence and the medical records confirming his injuries.
The judge also ruled that a memorandum of understanding signed when UWA provided the three million Shillings could not lawfully prevent Arapmwoko from seeking justice. The agreement barred him from instituting civil, criminal or human rights proceedings against UWA and its staff and required him to withdraw any existing complaints.
Justice Lubega agreed with Arapmwoko’s lawyer, Themba Geoffrey, that the agreement had been obtained through undue influence. He noted that Arapmwoko and his father were in a vulnerable position and urgently needed money to meet medical expenses.
Citing Section 21 of the Contracts Act, the judge declared the memorandum void to the extent that it sought to prevent Arapmwoko from pursuing legal proceedings. In determining liability, the court held UWA vicariously liable because the shooting occurred while the rangers were performing their duties.
Justice Lubega described the conduct as oppressive, arbitrary and unconstitutional, warranting punitive damages to underscore the obligation to respect fundamental human rights. The court relied on Articles 24 and 44(a) of the Constitution, which prohibit torture and cruel, inhuman or degrading treatment and protect freedom from such treatment as a non-derogable right.
In assessing general damages, the judge considered the effect of the injury on Arapmwoko’s education and sporting ambitions. Court records indicate that he was a student at Town View Secondary School and a long-distance runner but could no longer run as he had before the shooting. Arapmwoko had sought a total of 511 million Shillings in damages, as well as orders requiring UWA to provide medical and psychological rehabilitation, guarantee non-repetition of human rights violations and issue a public apology. The case was heard as Mbale High Court Miscellaneous Cause No. 44 of 2022. Chadila Kejja Ndeke represented UWA-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
