Battered journalist Ashraf Kasirye withdraws case against Government

Kampala, Uganda | THE INDEPENDENT | Ghetto Television Journalist Ashraf Kasirye has withdrawn his case seeking compensation for the damages caused to him during the just concluded elections.

Kasirye who wanted to be compensated with an unspecified amount of money has today withdrawn his case against the Attorney General before the Civil Division of High Court on grounds that he is in a bad state.

The Court presided over by Lady Justice Esta Nambayo heard from Kasirye’s lawyer John Mpambale that their client is in bad state and as such he intended to discontinue the matter.

The records indicate that in line with that submission, Mpambale asked court to allow them withdraw the case.

The State Attorney Allan Mukama also did not have any objection to the withdrawal.

Accordingly, Justice Nambayo allowed the withdrawal with no order as to costs.

The case which Kasirye has withdrawn today was filed by on 3rd December 2020, challenging the decision by the police to forcefully remove him from National Unity Platform Presidential Candidate Robert Kyagulanyi Ssentamu’s car, pepper spray before assaulting when he was doing his journalistic duties during the election campaigns.

Kasirye  had told court that this scenario which subjected him to inhumane and degrading treatment occurred  on November 18, 2020 in Luuka District.

He accordingly asked court to be compensated for his damaged property as his constitutional rights and freedoms were being violated.

Kasirye  asked court to issue a permanent injunction restraining the Uganda Police Force from infringement on his right to property, freedom of press, right to practice a profession and the right against torture, inhuman and degrading treatment.

By the time of withdrawing this case today, the High Court Judge Nambayo had in the previous session held on March 11 2021 allowed Kasirye’s  lawyers led by Augustine Akineza to file additional allegations against the government.

This is because in that session,  the lawyers had told court that their client was again badly assaulted on December 27, 2020  as Kyagulanyi was heading to Lwengo District also for his presidential campaigns.

Kasirye is said to have been shot at on the head and sustained injuries that saw him being admitted at Lubaga Hospital for a many days.

His lawyers had previously told this reporter that Kasirye spent more than  50 million shillings while admitted at the said hospital and he had apparently lost his vision and ability to hear properly in a noisy environment.

The record also shows that the Government through their State Attorney Charity Nabasa had earlier this  morning filed an affidavit asking for the dismissal of Kasirye’s case with costs.

Nabasa says in her affidavit that Kasirye’s application is misconceived, incompetent, lacks merit and amounts to an abuse of court process.

”I know that the applicant’s actions on the 18th day of November 2020 interfered with police in the lawful execution of their duties and amounted to obstruction of Justice”, reads the affidavit in part.

It adds that the government intended to raise objection to prove that Kasirye’s application raised no single issue of enforcement of his rights and he didn’t adduce any evidence to show that his rights were violated by the Attorney General’s agents.

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