Two court process servers have dragged the officer in charge of criminal investigations at Namutumba Police Station for superintending over their illegal confinement at the station for more than five hours.
Michael Kaluusi and Richard Mwesigwa say that on December, 14, 2023, they went to effect service to Sulaina Logose but were assaulted and decided to report the matter to Namutumba Police station.
In their affidavits before court, the duo says that a case of assault was opened vide SD reference 59/14/12/2023 but were surprised when Stella Nakunda, the OC CID ordered that they are not allowed to leave the station .
“While at Namutumba police station, the said Logose Sulaina came along since she was resident of the area and shouted at the top of her voice on how the we were wasting time since the police in Namutumba was under her control including the respondent(OC CID) and nothing would be done to her,” Kaluusi says in his affidavit .
“After some while, the respondent(OC CID) came along and immediately upon interacting with the said Logose Sulaina directed that we were not to leave the station contending since we were under arrest unless she directed otherwise.”
They says that their efforts to know the grounds of their arrest fell on deaf ears .
“We pleaded to the respondent to know the grounds of our “arrest” but all in vain as our plea fell on deaf ears as she continued being harsh to us exchanging all kind of threats assuring us how she was the O.C.C.I.D of the area and was at liberty to keep us at the station for whatever duration, determine what time we were to leave and open up whatever charges she wished.”
The duo says that in furtherance of her acts, the OC CID for Namutumba police station bragged to them that “they were the people” in power if “we did not know her tribe and even if we reported her to the Inspector General of Police nothing could happen to her.”
“The respondent even told us that the criminal file that had been entered by her subordinates at Namutumba Police Station would not see light as even though we had recorded statements at police in regard to the said file, she being the in charge knew how best she was to handle it.”
They say that after over five hours and in the late hours, one of the police officers talked to the OC CID who then directed that “we be set free but on condition never to step at Namutumba police station or in Namutumba again trying to follow up on our case or else we could test the scope of her powers.”
Case
The duo through their lawyers of Ssekaana Associated Advocates & Consultants says that the actions of the Namutumba OC CID of restricting their liberty and freedom of movement yet we were victims of crime who had gone to seek justice amounts to total abuse of the Police uniform.
“Our unlawful restraint by the respondent was perpetrated with malice, bad faith as she made assurance to do anything she could in her means to incapacitate us we dared to take a move which atones to gross lack of respect or violation for human rights.”
They say that their unlawful restraint by the OC CID was perpetrated with malice, bad faith as she made assurance to do anything she could in her means to “incapacitate us we dared to take a move which atones to gross lack of respect or violation for human rights.”
“There is need to deter the continued abuse of the Uganda police uniform by errant officers like the Respondent who act with impunity or gross abuse of power or authority and a clear abrogation from the duties of the Uganda police force expounded in the constitution of Uganda for which they need serious checking or sanctions.”
They say that OC CID’s acts connote gross misconduct or character unfit or unbefitting of a public servant holding a public office for which she should be declared unfit hold a public office or serve in the Ugandan forces again.
“As a result of the defendant’s acts, we were subjected to mental and emotional suffering owing to their human right violation for which the respondent should be held liable in compensation to a tune of shs40million.”
The case has been filed in the Iganga Chief Magistrates Court.
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