The High Court in Mbale has ordered the Uganda Wildlife Authority (UWA) to pay Shs160.877 million to a man who was shot in the leg by UWA game rangers while passing near Mt. Elgon National Park in Kween District.
In a ruling delivered on October 19, 2026, Justice Farouq Lubega found UWA vicariously liable for the actions of its game rangers and ruled that the shooting violated the victim’s constitutional rights against torture and cruel, inhuman or degrading treatment.
The court awarded Arapmwoko Emmanuel Shs10.877 million in special damages, Shs50 million in general damages and Shs100 million in punitive damages, in addition to the costs of the application.
Emmanuel told the court that on October 27, 2021, he was returning home after visiting his stepfather in Kaeplyo Village when he encountered UWA game rangers near Mt. Elgon National Park.
According to his evidence, the rangers were armed with guns and sticks and were herding about 20 cattle into the forest. He said he became frightened and attempted to flee, but one of the rangers shot him in the right leg.
He was initially taken to Kaproron Health Centre III before being referred to Kapchorwa Hospital and later to Kumi Orthopedic Centre for further treatment.
His account was corroborated by his neighbour, Chemos Job, who told the court that he heard a gunshot followed by a cry for help before seeing UWA game rangers in the area. About 10 minutes later, he found Emmanuel lying on the ground, crying and bleeding profusely from his right leg.
Justice Lubega said the evidence linking UWA rangers to the shooting was convincing.
“From the Applicant’s evidence in the affidavit in support of the application, it is clear that immediately after seeing the Respondent’s game rangers armed with guns, he became frightened and ran away, whereupon he was suddenly shot in his right leg,” the judge ruled.
The judge added that the circumstances surrounding the shooting were difficult to reconcile with the rangers’ denial of responsibility, particularly because they had been seen armed shortly before the incident.
He also relied on Chemos’ testimony, which he said corroborated Emmanuel’s account.
“He heard a gunshot from the direction of the Benet cattle grazing area in Kakwapa Forest, followed by a cry for help,” Justice Lubega said, adding that Chemos later found Emmanuel “crying and bleeding profusely from his right leg.”
UWA denied that its rangers had shot Emmanuel, arguing that he had initially told its officials that he had been injured by unidentified persons.
The authority also told the court that it had given Emmanuel Shs3 million on humanitarian grounds after his family sought assistance with his medical bills.
However, the court questioned the memorandum of understanding Emmanuel signed with UWA following the payment.
The agreement barred him from instituting criminal, civil or human rights proceedings against UWA or its staff and required him to withdraw any such claims.
Justice Lubega said the circumstances surrounding the agreement raised serious concerns, particularly given Emmanuel’s vulnerable condition and his need for medical treatment.
“This Court finds it difficult to understand why the Respondent, having purportedly extended financial assistance to the Applicant on humanitarian grounds, would include such restrictive clauses in the Memorandum of Understanding,” he ruled.
The judge further found that the agreement had been procured through undue influence because Emmanuel and his father were in a desperate situation and needed financial assistance for his treatment.
“Considering the circumstances in which the Applicant and his father found themselves, they were not in a position to effectively assert or protect their rights, or to make a free and independent decision, as they needed assistance,” Justice Lubega said.
The court declared the agreement void to the extent that it purported to prevent Emmanuel from seeking legal redress against UWA.
On the alleged constitutional violations, Justice Lubega held that Emmanuel had proved that his rights under Articles 24 and 44(a) of the Constitution had been violated.
“Consequently, the finding of this court is that the Applicant’s rights guaranteed under Article 24 and 44(a) of the Constitution were violated by the Respondent’s game rangers while on duty,” he ruled.
The judge also held UWA vicariously liable on the grounds that the game rangers were its employees and had been acting in the course of their duties.
“Therefore, having found under issue No.1 that it was the Respondent’s game rangers who shot the Applicant while on duty, the Respondent, being the employer, is vicariously liable for the acts of its employees,” Justice Lubega ruled.
The court further found that the shooting had caused Emmanuel a comminuted fracture and affected his ability to continue long-distance running, an activity in which he had participated as a student.
Justice Lubega awarded Shs50 million in general damages and Shs10.877 million in special damages based on the medical and other expenses proved before the court.
He also awarded Shs100 million in punitive damages, holding that the rangers’ conduct had been oppressive, arbitrary and unconstitutional.
“It is no doubt that the Respondent’s game rangers’ conduct was oppressive, arbitrary and unconstitutional,” the judge ruled.
Justice Lubega said the punitive award was also intended to underscore the importance of protecting non-derogable human rights.
The court consequently ordered UWA to pay Emmanuel a total of Shs160.877 million, together with the costs of the application.
