UJA DRAGS UPDF ERRANT OFFICERS TO COURT FOR BEATING, INJURING SCRIBES

On Tuesday, 23^rd, February, 2021 Uganda journalist Association dragged the UPDF officers that battered journalists at the United Nations Human Rights Commission office in Kololo, Kampala to court.

Below is the full petition.

THE REPUBLIC OF UGANDA

IN THE HIGH COURT OT UGANDA HOLDEN AT KAMPALA

(CIVIL DIVISION)

MISC. CAUSE NO………………. 2021

1. THE UGANDA JOURNALISTS ASSOCIATION
2. TIMOTHY MURUNGI          :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: APPLICANTS
3. HENRY SEKANJAKO

                                                            VERSUS

1. THE CHIEF OF THE UGANDA PEOPLE’S DEFENCE FORCES
2. THE UGANDA PEOPLE’S DEFENSE FORCES
3. THE ATTORNEY GENERAL
4. LT. COL. NAMANYA NAPOLEONE
5. CAPT. JESSY ODWENYI      ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: RESPONDENTS
6. L/CPL ZIRIMENYA KASSIM
7. CPL. NIMUSIIMA JUSTINE
8. PTE WASSWA PETER
9. PTE TSAME IMRAN
10. PTE KISAKYE VICTORIA
11. PTE OPIYO ISAAC                    

                                                NOTICE OF MOTION

(Under Article 50 of the Constitution of the Republic of Uganda, 1995; Sections 3, 4, 6 & 9 The Human Rights (Enforcement) Act, 2019 AND The Judicature (Fundamental and other Human Rights and Freedoms) (Enforcement Procedure) Rules, S.I. No 31 of 2019 Section 33 of the Judicature Act, Cap. 13, Section 98 of the Civil Procedure Act, Cap.71)

TAKE NOTICE that this Honourable Court shall be moved on the …….. day of ……………………….. 2021 at …………………. O’clock in the fore/afternoon or soon thereafter as Counsel for the applicant can be heard on an application for declarations and orders that;

1. A declaration that the Respondents violated the following rights and freedoms of the 2^nd and  3^rd  Applicants;

1. The right to freedom of the press and other media, under Article 29(1)(a) of the Constitution of the Republic of Uganda, 1995;

• The right to dignity and freedom from torture, inhumane and degrading treatment under Articles 24 and 44(a) the Constitution of the Republic of Uganda, 1995;

• The right to freedom of movement, speech, expression, conscience, opinion, assembly and association under Article 29 (1) and (2) the Constitution of the Republic of Uganda, 1995;

• The right to practice their profession and carry out their lawful occupation, trade or business under Article 40 (2) the  Constitution of the Republic of Uganda, 1995;

• Compensation; 

• Damages; 

• Restitution/Rehabilitation of the 2^nd  and 3^rd Applicants by providing medical and psychological care;

• Cessation of the continued violation of the 2^nd and 3^rd  Applicants’ and other journalists’ human rights and freedoms;

• Verification of the true facts of the matters involved in this case and a public disclosure of the truth by and at the cost of the Respondents;

• A public apology including acknowledgment of the facts and acceptance of responsibility by the Respondents;

• Guarantees of non-repetition;  

• Costs of this application;

1. Any other relief that court may deem fit.

TAKE FURTHER NOTICE that the grounds upon which this application is based are set out in the affidavits of Applicants annexed hereto which shall be read and relied upon at the hearing but briefly they are;

1. That on the 17^th February, 2021, the 2^nd and 3^rd Applicants and other journalists; while covering the story of Mr. Robert Kyagulanyi’s presentation of a petition about the abductions and disappearances of his supporters, to the United Nations, were brutally attacked and assaulted by UPDF soldiers including other fellow journalists.

• That as a result of the above mentioned attack and assault by the UPDF soldiers, the Applicants and other journalists suffered physical injuries and had to be rushed to different medical facilities for urgent medical attention and treatment.

• That as a result of the above mentioned attacks and assault by officers of the Uganda People’s Defence Forces and the Uganda Police Force, the 2^nd and 3^rd  Applicants and other journalists were prevented from covering the story of Mr. Robert Kyagulanyi’s presentation of a petition about the abductions and disappearances of his supporters, to the United Nations.

• That there has been continuous attacks and assault of journalists by officers from the Uganda People’s Defence Forces and the Uganda Police Force, which attacks and assaults are aimed at and have prevented journalists from freely practicing their profession and fulfilling their mandate/duty of keeping the public informed.

• That these attacks and assault of journalists by officers of the Uganda People’s Defence Forces and the Uganda Police Force are illegal and amount to a flagrant violation of the fundamental rights and freedoms of journalists in Uganda.

• That the illegal attacks and assault of journalist by officers of the Uganda People’s Defence Forces and the Uganda Police Forces must be condemned and stopped.

• That it is in the interest of justice that this Application be allowed and the prayers sought, granted by this Honourable Court.

Dated at Kampala this ………….. day of ……………………….. 2021

……………………………………                              ………………………….
For: M/s Ochieng Associated Advocates                For: M/s Kaganzi & Co. Advocates
& Solicitors                                                                   COUNSEL FOR THE APPLICANTS

COUNSEL FOR THE APPLICANTS

GIVEN UNDER my hand and the seal of this honourable Court this ……… day of ………………………. 2021

…………………………………………………..

REGISTRAR

JOINTLY DRAWN AND FILED BY:
M/S Ochieng Associated Advocates & Solicitors

Kob House, 2^nd Floor Suite 6,

Plot 90, Ben Kiwanuka Street,

P.O. Box 33334,

Kampala.

AND

M/s Kaganzi & Company Advocates (Kampala Branch),
Plot 90, Ben Kiwanuka Street (Opp. Watoto Church),
Kob House 2^nd Floor, Suites 10 & 11,
P.O. Box 125 Kampala,
Tel. +256394816581,
Email: info@kacadvocates.com