Justice Collins Acellam of the Civil Division of the High Court has ordered the Inspector General of Police Abas Byakagaba’s Uganda Police to compensate a former Exim bank staff Shs10m for violating his Constitutional right by detaining him in police custody for more than required 48 hours.
In his judgement, Justice Acellam stated that it is not disputed that Ismail Kengo a former staff of Exim bank was arrested on 2 January, 2024 on allegations of theft and detained at Central Police Station Kampala.
He was later arraigned before Buganda Road Chief Magistrates Court on 5 January 2024.
“This period exceeded the mandatory forty-eight (48) hour constitutional Limit,” the judge stated.
More Read
According to Court documents, Kengo was accused of stealing more than Shs144m from the bank and when he was arraigned before Court, he was released on bail but was re-arrested again and detained at CPS Kampala who later released him on police bond.
He was again arrested on 21 March, 2024 and released on 22 March, 2024 without any charges being preferred against him.
“Therefore, I find that the Applicant’s detention beyond the constitutionally prescribed forty- eight (48) hours violated his right to personal liberty under Article 23(4) of the Constitution,” the judge stated.
The judge further stated that police’s action of seizure and continued retention of the Applicant’s duplicate certificate of title comprised in Kyaggwe Block 119 Plot 242, without lawful justification infringed his right to property guaranteed under Article 26 of the constitution of the Republic of Uganda, 1995 as amended.
The Attorney General who was representing Byakagaba told Court that Kengo’s claim is untenable both in fact and in law.
He argued that the duplicate certificate of title was recovered during a lawful search and retained as an exhibit on the criminal investigation file.
“The Respondents further contended that the title is suspected to be a proceed of crime and forms part of the evidentiary material in CRB No. 016/2024,” Court documents read.
The government lawyer added that the title cannot be released merely on the Applicant’s assertion of ownership noting that the title is being held in trust and will be surrendered to the rightful party upon completion of the investigations and the related court proceedings, as may be determined by the court.
However, Kengo’s lawyers insisted that the Applicant purchased the subject land long before he began working with the bank.
They added that the title could not be treated as proceeds of the alleged crime.
