“Court finds the award of Shs 50m as sufficient and adequate compensation for the violation of the applicants’ rights and all other Muslim faithful under Article 29 of the Constitution,” reads part of the judgment. “The compensation shall be paid to Nakasero Mosque administration (Jamiyyat Daawa Assalafiyyah Muslim Community).”
This compensation is only for breach of right to religion under Article 29(1)(c) of the Constitution.
BACKGROUND
In the wee hours of December 27, 2016, the respondent’s security operatives raided, searched and seized several documents and properties from Nakasero mosque without a search warrant. In the process, security operatives arrested 11 people they found inside, picked computers and ransacked the mosque.
This prompted Kifampa and Musuda to sue the Attorney General and on Monday, Justice Sekaana berated the conduct of the security operatives in his ruling.
“Places of worship should be searched in a manner that preserves the dignity and sanctity of the place and above all in an orderly and organised manner. The violation at the places of worship affects the entire community and persons who profess and practice that religion,” Sekaana noted.
“This could have far-reaching effects on the entire country due to recklessness of persons who are carrying out the search. These actions violated the rights of the applicants under Article 29 and 37 of the Constitution. The respondent’s agents ought to have conducted their search with high regard to the traditions of the members the mosque.”
Court declared that the action of security operatives of raiding, breaking into and ransacking Nakasero mosque at dawn without a search warrant or warrant card was unlawful and illegal.
In the same vein, the actions of the operatives during the unlawful and illegal search violated Article 29 and 37 of the Constitution. Lastly, court has ordered the security agencies involved in the raid to return all items that were taken during the unlawful search to the mosque administration.