Court struck out an application seeking a declaration on the breach of the freedom from torture cruelty, inhuman and degrading treatment guaranteed under article 24 of the Constitution.

Decided in the High Court: Izidoro Kizito v Attorney General Miscellaneous Cause No.102 of 2019, Hon. Justice Musa Ssekana ruled that an application filed after such a long period of 8 years and yet there is a pending case /complaint with Uganda Human Rights Commission is an abuse of court process.
In this case, Mr. Izidora Kizito (applicant) on the 29th day of April 2011 at Nakasero Market in Kampala district was unlawfully and intentionally shot once at the back of his head through the right eye by officers of Uganda Police Force. As a result of the shooting by the said police officers, he sustained grave injuries, was admitted for one month and four days at Mulago Hospital. During that time, he underwent seven operations. The applicant has since lost his right eye, and he desires to have an operation to have it replaced, but has failed due to lack of finances and has not recovered fully. The Uganda Police, however, contributed Ugshs 800,000/= towards the medical expenses at RELA DENTAL CLINIC.
Sometime in 2013, the applicant filed a complaint with Uganda Human Rights Commission central regional Office (Kiziti Izidoro and Uganda Police Force) Complaint No. UHRC/19/2013 and investigations were conducted, and the case was yet to be heard.
The judge, in this case, ruled on two preliminary issues raised for determination by Court: whether this application is time-barred and whether this application is an abuse of court process? The Court held and referred to the Human Rights Commission Act, which has some limitation periods for lodging complaints of human rights violations to 5 years. This action is time-barred, and the 8-year period is too long to institute such an action. Furthermore, in the final result, for the reasons, the application failed to set out and was struck out with costs.