Luwalira’s attacker challenges detention of mentally disabled offenders

Kampala, Uganda |  THE INDEPENDENT | Solomon Herbert Kaddu, who was locked up for attacking, Bishop Kityo Luwalira during the 2018 Easter prayers at Namirembe cathedral has petitioned high court challenging the continued detention of people with mental disabilities in various prisons across the country.

Kaddu was arrested after he stormed the Easter prayers donning backcloth with a stick in his right hand and attempted to jump the barricade in Namirembe Cathedral to attack the Bishop. He was charged with inciting violence and disturbing religious assemblies. 

He was tried before the Rubaga Grade One Magistrates court, which later found that he had bipolar and depression disorders on the day he stormed the cathedral.  It is on this ground, that court didn’t convict him for attacking the cathedral.  Under the laws of Uganda, one cannot be liable for actions they committed when they have a mental disorder.

As a result, Kaddu was sent back to Luzira prison until the Justice and Constitutional Affairs Minister determines that he is mentally stable and fit to appear in public. Several provisions in the Trail on Indictment Act give the  minister judicial powers to determine whether an insane prisoner such as Kaddu may be confined in a mental hospital, prison or another suitable place of custody or be discharged altogether.  

However, for years, such people including have remained in prison awaiting the said orders in vain. Statistics show there over 17 inmates with mental disorders in Luzira Upper prisons alone, with the majority unaware of when they will be discharged. 

Now, through his lawyer Emmanuel Candia, Kaddu wants the court to declare that the continued detention of persons with mental, psychosocial and or intellectual disabilities including him in Luzira and various prisons across Uganda, pending Minister’s Order, is a violation of their rights.  

He wants the court to declare among other things that his custodial sentence in prison and persons having mental, psychosocial and intellectual disabilities is criminalizing and punishing them and others for their disability, which is unjust and amounts to disability-based discrimination. 

He further argues that an endless custodial sentence given to persons with mental, psychosocial and intellectual disabilities without spelling the duration of the sentence amounts to disability-based discrimination, is unjust and unconstitutional. The court is yet to summon the Attorney General to respond to the application before the matter is allocated to a judge for a hearing. 

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