Journalists lose assault case, ordered to pay Shs10m to registrar

KAMPALA-  Court has ordered two journalists to pay Shs10 million as costs to Mr Fred Waninda, a senior court registrar of the High Court, after losing an assault case they had filed against him.

Mr Hannington Kisakye and Mr Eric Yiga attached to Salt Media and Smart 24 respectively, were on Wednesday ordered to pay the costs along with Uganda Journalists Association (UJA), a body that fights for the professional rights of journalists.

On May 6 last year, the two journalists and UJA dragged Mr Waninda to court accusing him of assault.

They asked for Shs100 million as compensation for physical and psychological torture, stress, inhumane treatment and violation of their rights.

They also demanded an additional payment of Shs50 million as aggravated damages and a replacement of the Nikon D3100 camera that Mr Waninda allegedly destroyed.

The journalists stated that the assault by Mr Waninda and his action to break the camera in their line of duty infringed on their right to work and the constitutionally-protected freedoms.

However, on August 23, 2019 a High Court judge, Mr Andrew Bashaija ruled in favour of the registrar.

He said that whereas the journalists in their petition stated that they retrieved a video recording of the alleged incident, they did not attach the said footage to the affidavit to prove that it happened or show how it happened.

Justice Bashaija said that the journalist did not provide any other independent convincing evidence to back up the allegation of a damaged camera as asserted in their affidavits not even photographs showing that it was destroyed.

“The applicants (journalists) nonetheless maintained that they went to police to report the case but  the complaint was not registered. It means that there is no any evidence whatsoever of the police case reference number for the particular alleged complaint,” Justice Bashaija said.

Mr Waninda on October 22, last year filed a taxation application that constituted thirty five items which included both professional, incidental fees seeking over Shs18 million. 

The acting assistant registrar, Dr Alex Karocho, however, declined to grant Shs15 million as fees to Mr Waninda.

“I am mindful of the fact that this was an application for enforcement of constitutional rights but instructions fees of Shs15 million would in the circumstances be on a higher side,” Dr Karocho said. “The respondent’s (Waninda) bill of costs is therefore taxed and allowed at Shs10million.”

 UJA’s lawyer, Mr Eron Kiiza said that they will appeal and apply a stay of execution to enable the appeal take its course.

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