Former controversial Director General of the Internal Security Organisation (ISO) boss Col. Frank Bagyenda Kaka and his henchmen are in trouble after the head of the Civil Division of the High Court Justice Musa Ssekaana ordered them to pay Shs175m to a man they forced to work on his farm.
In his judgment, Justice Ssekaana established that Col. Kaka, his henchmen Paddy Dickson Sserunjogi alias Sobi, Musa Bashiru, Cpl. Richard Ataliwuwe, Cpl Joseph Apunya, Joseph Opusi, Rokani Obuleju, Erasmus Jack Nsagiranabo, Apollo Nahurira, Ali Mayanja, Bukomero and Kaberenge violated the rights of Musa Nsereko who sued them.
In his plaint, Nsereko through his lawyers led by Dennis Kakeeto claims that on May 27, 2018, he was arrested at Kyengera in Wakiso district at around 9pm by armed men dressed in civilian clothes and was taken to ISO Safe house at Base 2 and later transferred to Base 1 both in Kyengera town council where he was detained for months.
He told court in his affidavit that he was later together with other detainees taken to Lwamayuba Island in Kalangala district where he was subjected to forceful labour, tortured physically and psychologically for 17 months without disclosing the offences he had committed.
He said that at Lwamayuba, he was forced to clear bushes, forests to prepare the garden to Col. Kaka to plant pineapples and was released in September 2019.
Col. Kaka and his henchmen were sued together with the Attorney General who acknowledged that ISO is a government department whose function is to collect, receive and process intelligence information internally as stipulated in Section 2(2) of the Security Organisations Act.
The Attorney General through State Attorney Sam Tusubira and Elizabeth Namakula denied the allegation that ISO owns a farm in Lwamayuba in Kalangala and that the ISO is not involved in any forestry or farming activities as the plaintiff alleges.
In his judgement, Ssekaana exonerated the Attorney General and explained that the illegal actions of the defendants were committed in their personal capacities not on behalf of the government of Uganda.
Col. Kaka and his henchmen didn’t respond to the allegations made against them even though Nsereko brought evidence in Court that they were served with the plaint through a media advert.
As a result, their actions not to respond to the allegations means that they pleaded guilty to the allegations.
The judge explained that as court, they cannot be silent and be spectators where unchallenged facts of torture, cruel, inhuman and degrading treatment are done on the applicant for a period of 17 months.
As a result, Col. Kaka and his henchmen in their personal capacity were ordered to pay Shs90m as compensation for violation of Nsereko’s constitutional rights through torture, cruel, inhuman and degrading treatment that included forced labour on Lwamayumba farm.
The respondents were also ordered to pay Shs60m for illegal detention, Shs15m as exemplary damages at an interest rate of 15% per year.
In 2020, President Yoweri Kaguta Museveni fired Col. Kaka on allegation of human right violation and fights with other security agencies and replaced him with Col. Charles Oluka as the ISO Director General.
Col. Kaka was appointed Uganda’s ambassador to Angola; but he declined to appear before the parliamentary committee on presidential appointments for approval.
He accused his blue eyed boy who declared himself head of criminals in Kampala, especially thieves, of being used by his enemies to solicit evidence so as to slap fabricated criminal charges on him.
He accused city businessman Balaam Bagaruhare and veteran journalist Andrew Mwenda of leading the project, but the duo denied the allegations.
By Sengooba Alirabaki
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