Street vendors sue KCCA over torture
Mistreatment. KCCA law enforcement officers manhandle a trader found operating on the street in Kampala in 2017. PHOYO BY MICHAEL KAKUMIRIZI
What you need to know:
- Ms Apio and Ms Nakayaga are alleging that the acts of beating, stripping, and squeezing the breasts by KCCA personnel are unjustified and disproportionate
Street vendors in Kampala have sued the Kampala Capital City Authority and two of its law enforcement personnel for torturing and confiscating her merchandise.
In her lawsuit filed to the High Court on Tuesday, Ms Hamidah Nakayaga claims that on September 22, 2022, during a routine operation, the KCCA law enforcement officers led by Henry Mutebi beat, slapped, kicked, strangled and violently squeezed one of her breasts.
Ms Nakayaga alleges that the beatings left her grandson traumatised after Mr Isaac Kato, another enforcement personnel made away with her merchandise and continued to threaten and harass her.
The respondents from the first to third in this case are KCCA, Isaac Kato and Henry Mutebi.
“Relatedly, on August 4, 2023, Mutebi during another operation and in command of the first respondent kicked and tackled another applicant Esther Apio from behind, leading to a hard fall and leaving her with severe injuries,” reads in part the court documents.
Ms Apio and Ms Nakayaga are alleging that the acts of beating, stripping, and squeezing the breasts by KCCA personnel are unjustified and disproportionate and an infringement on their right to freedom from torture and cruel, inhuman or degrading treatment or punishment.
Through their lawyers, the vendors are seeking an order directing KCCA in consultation with the street vendors and hawkers under their umbrella organisations to develop gender-sensitive enforcement regulations and guidelines for regulating the process for arresting, detaining and enforcing the law against vendors, especially women, within one year.
The vendors are seeking an order directing KCCA, Kato and Mutebi to pay Shs1,333,800 and Shs583,000 to Nakayaga and Apio respectively as compensation for the loss of their merchandise as well as general damages, and punitive damages.
“An order requiring the respondents (accused parties) to apologise in writing to the applicants for threatening and or infringing on their human and fundamental rights,” court documents further read.
The vendors are also seeking for court declaration that the unjustified confiscation and retention of the merchandise by the law enforcement personnel threatened their right to own property and to carry out lawful trade.
The vendors further contend that KCCA and its personnel’s unjustified and disproportionate acts of stopping and restraining them from returning home threatened and infringed their right to free movement.
Meanwhile, the court is yet to summon KCCA and its employees to defend themselves regarding the matter.
