When Court awarded Daily Monitor Shs 1.1bn over  police shutdown 

The High court awarded Nation Media Group Uganda, publishers of the  Daily Monitor , more than Shs 1.1 billion in damages for the unlawful closure of its media operations by police in 2013.

In a ruling delivered by Justice David Wangutusi, the court found that the Uganda Police Force acted outside its legal mandate when it shut down the company’s premises in Namuwongo, Kampala, and halted its operations for 10 days.

The closure, which began on May 20, 2013, followed the publication of an article titled  “Proposed Investigations” , which police claimed required further scrutiny. Armed with a search warrant, officers entered the premises seeking documents related to the story.

However, the court heard that the search went beyond its intended scope. Police switched off radio stations, shut down the printing press and disabled servers effectively paralysing the company’s operations.

Although the search warrant was later vacated by court on the third day, police officers remained on the premises for an additional seven days, refusing to comply with the order.

Nation Media Group argued that the actions were unlawful, unconstitutional and caused significant financial loss due to halted business operations. The company sought compensation, including special damages amounting to Shs 1.28 billion, as well as general and aggravated damages.

In its defence, the police admitted entering and occupying the premises but argued that their actions were lawful under Section 27 of the Police Act. They contended that the search did not require a warrant and was justified to prevent the publication of content that could incite insecurity or disrupt public order.

Justice Wangutusi rejected this argument, ruling that the police exceeded the authority granted under the search warrant and acted in breach of the rule of law.

“The closure of the plaintiff’s multimedia business… was unlawful and overstepped its mandate,” the judge ruled.

The court further found that the conduct of the police officers was high-handed, oppressive and, in some instances, malicious. Evidence presented showed that officers threatened journalists, including an incident where a presenter was allegedly threatened with being thrown from a fourth-floor window. Other staff were reportedly roughed up during the operation.

Such conduct, the judge noted, justified an award of aggravated damages.

“The defendant acted arbitrarily when they refused to comply with the court order vacating the search warrant,” Justice Wangutusi observed.

In his judgment, the judge awarded Shs 945 million in special damages, Shs 100 million in general damages and an additional Shs 100 million in aggravated damages.

He also ordered that interest on the special damages be paid at a rate of 18 per cent per annum from the date the suit was filed until full payment is made. Interest on general and aggravated damages will accrue at six per cent per annum from the date of judgment.

The plaintiff was also awarded costs of the suit, along with a certificate for two counsels, indicating the complexity and importance of the case.

Justice Wangutusi noted that while the plaintiff had sought interest at 20 per cent, no sufficient justification had been provided for such a rate. However, he acknowledged that the case involved a commercial enterprise and that losses should be assessed from a business perspective.

The ruling brings to a close a long-standing legal battle stemming from one of the most high-profile confrontations between the media and security agencies in Uganda’s recent history.

The 2013 shutdown of  Daily Monitor  and its affiliated stations drew widespread concern from media rights advocates, who argued that it represented an attack on press freedom and the protection of journalistic sources.

In reaffirming the limits of police powers, the court’s decision underscores the constitutional protections afforded to media institutions and the importance of adherence to the rule of law.

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