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Student Seeks Shs22m From Gov’t After Losing Hand To Teargas Canister

An 18-year-old student who lost his hand after a tear gas canister he found in his bed exploded on him in 2017 is seeking over 22 million Uganda shillings in compensation from the government.

Muzafaru Kamakya a resident of Ndikuttamadda LC1, Masajja-Salaama in Makindye division dragged Government to the High court Civil-division seeking an order to compensate him so that he can acquire an artificial limb.

Kamakya, in a suit filed before the High Court in Kampala, avers that on October 20, 2017, he returned home at Ndikuttamadda at 5:00pm and about 9:30pm he retired to his bedroom. While on his bed, he saw a bottle, green in color that to him looked like a perfume.

“I held the bottle in my left hand, it exploded and the whole house was filled with teargas and my hand got shattered,” Kamakya in the court documents.

“Our neighbor rushed me to Kiruddu Government Hospital which rejected to admit me saying that it was not a first aid hospital and I was taken to Mulago Hospital where I was amputated including the wrist,” Kamakya further narrates.

He goes on to state that his father Mr Muhamadi Mbuga reported the incident to the Uganda Human Rights Commission through a letter written by M/S Foundation for Human Rights Initiative.

“Officers of the Uganda Human Rights Commission visited my home and interviewed me and made a report but did not give us nor Foundation for Human Rights Initiative a copy and no help has been received from them,“ reads in part court documents.

Kamakya adds that Uganda Human Rights Commission officials were able to see that the teargas canister that broke his arm had passed through the broken window to his bedroom during the day when the police was chasing people from political rallies.

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He further says that he did not do his senior three end of year exams because he had lost his arm and was still in too much pain.

“That because I lost my dominant left arm, I had to learn to write with the right hand and my ordinary level results were affected thereby,” Kamakya narrates.

Kamakya avers that he believes that police was not merely reckless in throwing toxious gases in people’s homes, it was acting deliberately to stop them from participating in the constitution making process and his resultant injury was expected and the respondent (Attorney General) is liable.

He says he needs an artificial arm and he was told it costs Shs22 million.

Through his lawyers of Rwakafuuzi & Co. Advocates, Kamakya wants the government to pay him compensatory and punitive damages for the violation of his rights plus interest at 20percent.

The case file has been allocated to Justice Henrietta Wolayo for hearing.

 

 

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