By Sadique Bamwita
KAMPALA
The High Court Civil Division, has ordered Sir Apollo Kaggwa Primary School, to pay a former pupil Shs.5 million over corporal punishments carried out by two school teachers on him in 2011.
While delivering his ruling on July 14, 2026, Acting judge, Simon Peter Kinobe, told court that the acts of battery/corporal punishment/ caning of pupils by the school and its agents are unconstitutional and illegal.
“General damages of UGX 5 million, with interest at a rate of 6% on the general damages from the date of judgment,” Justice Kinobe ruled.
Justice Kinobe also ordered a permanent injunction restraining the school and its agents from continuing to administer corporal punishment/caning as a mode of punishment to it’s pupils.
The court ruling emanates from a case filed by Naswif Katongole (former pupil) and his mother Lilah Babirye against the school way back in May 14, 2014, in which they sought for the declaration that the acts of corporal punishment of pupils by the school and its agents are unconstitutional, illegal and must be halted.
She also sought compensation arising from the battery of her son, exemplary, punitive, general damages, together with costs and interest arising out of the school’s intentional acts caused by it’s employees.
Prosecution told court that in September, 2011, the school’s employees, Grace Lumu and Joseph Owino, in the course of their employment as teachers at the school, deliberately assaulted and battered Katongole by severely beating him on the waist and back.
During court proceedings, Katongole testified in court that he was caned by teacher Lumu for failing three numbers in mathematics test, leaving him with serious injuries, psychological distress and mobility complications.
“I was caned by Master Lumu for failing only three numbers in a math exam. I felt paralysed for days,” he testified.
He further told court that days later, another teacher, Owino, caned the entire class for making noise and ignored his pleas that he was unwell.
“Before I could even sit down, he beat me and I lost feeling in my left leg,” Katongole told court.
As a result, Katongole developed severe injuries, psychological impairment and mobility complications.
Following the news of this incident, Katongole’s mother, Lilah Babirye was compelled to leave her job with the United Nations in Delhi to care for him.
However all attempts to treat Katongole in Uganda were unsuccessful, as he underwent several treatments that failed, leading to his mother incurring significant expenses in trying to treat her son.
Following an increase in the cost of treatment for her son, Ms Babirye engaged the school authorities, and they entered into a memorandum of understanding, where the school agreed to contribute £20,000 (approximately Ugx 95m) for Katongole’s treatment abroad and US $ 3,600 (UGX 13 m) for air tickets.
The victim’s mother contends that the treatment expenses she incurred were more than £20,000, contributed by the school and after returning from South Africa, she attempted to seek compensation for the injuries, but unfortunately she was ignored by the school.
She further noted that her son lost two years of continuous education and could not enjoy his childhood due to the physical disability he suffered.
However the school’s defence lawyers in their submissions denied liability saying Babirye has never been employed by the United Nations.
The school further argued that the teachers were acting on a frolic of their own and that the school was not liable for their actions, and further contended that Katongole, never lost a year in school, as he sat the Primary Leaving Examinations and his termly reports from another school were attached.
However, Justice Kinobe declined to award special damages to the spinal cord injury, following the prosecution’s failure to prove that Katongole’s injuries were caused by the corporal punishment inflicted by the schools employees.
Justice kinobe also declined to award punitive damages, noting that the school had since dismissed the two teachers and already had a policy against corporal punishment.
Justice Kinobe strongly warned that corporal punishment in schools is a profoundly harmful practice that undermines both the dignity and holistic development of children.
“Physical punishment leaves enduring psychological scars, manifesting in anxiety, aggression, diminished self-esteem, and impaired academic performance,” Justice Kinobe ruled.
He further warned that corporal punishment is a regressive and destructive tool, in the modern educational environment, where nurturing critical thought, emotional well-being, and creativity are paramount.
