Brief facts
The applicants brought this application under Article 50 of the Constitution of the Republic of Uganda, for enforcement of their rights against the Government of Uganda for actions of its servants that violated their rights. The Applicants sought declaratory orders of rights and compensation for rights and property violated and claimed damages and costs. The applicants, who were represented by Counsel Omongole Richard of Omongole & Co. Advocates alleged, inter alia, that between 1994-2001, prior to the disarmament of the Karamojong, the Government policy of permitting the Karamojong to possess firearms illegally led to cattle rustling in Teso sub-region and the violation of their fundamental human rights and freedoms of the applicants, including loss of life, and their animals; that the fundamental human rights and freedoms of the applicants were directly affected by cattle rustling and insecurity arising from acts of Karamojong using the illegal arms; that it was government duty to control firearms so as to protect the rule of law and the fundamental human rights and freedoms of the applicants; that the failure by the government to control the vigilante recruits led to the violation of fundamental rights and freedoms of the applicants.
The Respondents denied all the allegations and liability for these acts of the Karamojong vigilante groups.
Court found for the applicants, holding inter alia that the evidence of the Hansard in which the debate to approve the arming of Karamojong with firearms was government policy, which policy was illegal & contrary to firearms Act.
Since the Karamojong used guns given them by the government carry out cattle rustling, court found further that “the fact that the vigilantes were carrying guns given to them by the Government, makes the Government liable since they were acting in the course of employment. The government is liable for the action of the vigilantes”.
The court further imputed liability on the Government for these acts, holding that:
“The Respondents jointly and severally pursued illegal policies and practices, which policies permitted Karimojong to possess firearms acquired illegally and that the said policies led to the violation of fundamental human rights and freedoms of the Applicants for which the Respondents are liable and must pay compensation”.
Finding in favor of the Applicants on all the issues, court awarded over Ug shs. 126 billion in compensation and costs to the applicants.