The High Court in Kampala has declared corporal punishment in schools unconstitutional and illegal after holding Sir Apollo Kaggwa Primary School responsible for injuries inflicted on a pupil by two of its teachers while on duty.
In a judgment delivered electronically through the Electronic Court Case Management Information System (ECCMIS), Acting High Court Judge Simon Peter Kinobe ruled that the school was liable for the unlawful actions of its employees, despite having a policy prohibiting corporal punishment.
The case was filed by former pupil Naswif Katongole, who sued the school after he was allegedly caned by two teachers, Grace Lumu and Joseph Owino, during class hours.
Court heard that Katongole was first beaten by Lumu after failing to answer three mathematics questions. He told court that he was caned around the waist and later experienced paralysis-like symptoms.
Days later, Katongole alleged that Owino caned the entire class for making noise. He testified that although he informed the teacher that he was unwell, he was beaten before he could sit down, resulting in a loss of sensation in his left leg.
Justice Kinobe found that both teachers assaulted the pupil while acting in the course of their employment at the school.
The court noted that the school’s General Manager, Rose Nantanda, admitted that the teachers had administered corporal punishment and confirmed that they were dismissed after the incident because the school did not permit the practice.
She also told court that all teachers sign a policy prohibiting corporal punishment when they are recruited.
However, Justice Kinobe ruled that the existence of the policy did not exempt the school from liability since the teachers carried out the assaults while performing their official duties.
Although the court found that Katongole had been assaulted, it ruled that there was insufficient evidence to prove that his long-term physical injuries were directly caused by the caning.
The court therefore declined to award special damages for medical expenses and alleged loss of income because those claims were not specifically proved.
However, it found that Katongole suffered emotional trauma, psychological distress, and mental anguish as a result of the assault.
Medical reports presented before court indicated that the former pupil experienced recurrent nightmares, difficulty walking, emotional distress, and loss of self-esteem following the incident.
By Edith Namwanje
15th July 2026
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