The High Court in Kiboga has awarded Shs 286 million to the widow of Dr. Musiitwa Michael Mugwanya, who contracted COVID-19 while working.
Flavia Kyomuhendo Musiitwa sued Kiboga District Local Government over the death of her husband, Dr. Musiitwa Michael Mugwanya who contracted Covid while attending to patients during the height of the pandemic.
In the 2022 suit, Kyomuhendo sought special damages, general damages, interest, and legal costs for Musiitwa’s death after contracting Covid while attending to patients
According to Kyomuhendo’s account, Dr. Musiitwa returned to their home in Kampala from Kiboga on November 13, 2020.
Two days later, he received a call from the district’s COVID-19 response team advising him to self-isolate, as Ggulu had been confirmed positive.
On November 15, 2020, Dr. Musiitwa also tested positive for the virus.
His condition worsened, leading to his transfer to Mulago National Referral Hospital, where he eventually succumbed to COVID-19 complications.
Following her husband’s death, Kyomuhendo sought compensation from Kiboga District, but her claim was denied, prompting her to file a lawsuit.
In its defense, the district contended that COVID-19 was an unforeseeable global pandemic and that there was no conclusive proof that Dr. Musiitwa contracted it at work rather than elsewhere.
However, the court reviewed key evidence, including a letter from the Chief Administrative Officer (CAO) of Kiboga to the Solicitor General.
The letter referenced a report from the Acting District Health Officer confirming that Dr. Musiitwa had indeed contracted the virus while performing his duties.
Citing the Workers Compensation Act, the court ruled that COVID-19 qualifies as an occupational disease under the classification of “any other infection or infestation.”
“From the objectives of the COVID-19 guidelines, it can be inferred that despite being a new virus, COVID-19 was categorized within the context of infectious diseases. This places it under the Workers Compensation Act,” the court observed.
Justice Jamson Karemani ruled that Dr. Musiitwa’s death was work-related, making the employer liable for compensation.
“The late Musiitwa Michael Mugwanya contracted COVID-19 in the course of his employment, which led to his death. Therefore, the defendant is liable to compensate the plaintiff for the death of the deceased,” the court ruled.
The court ordered Kiboga District to pay Kyomuhendo Shs 276 million as compensation, along with an additional Shs 10 million in general damages. The awarded amounts will accrue interest at an annual rate of 18% from the date of judgment until full payment is made.
