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Limitation period for filling Human Rights petition.
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1). On the 21st day of June 2001, the petitioner was delivered of a baby girl by the roadside near Naguru Kampala City Council (KCC) clinic in Nakawa Division in the city of Kampala.
2). The petitioner then proceeded to the 2nd respondent's maternity home with the baby still attached to the after birth to complete the birth process.
3). The petitioner was referred to Mulago hospital with no referal letter. That such acts infringed Article 33(3) of the Constitution as they failed to provide medical care.
4). The petitioner was forced to walk immediately thereafter with alot of dizziness from bleeding, forced to sit outside with a baby about hours old. That such infringed Article 24.
5). She was later accused of having stolen the baby. In the presence of the 3rd respondent, she was subjected to mob justice, and was subjected to virginal examination using polythene bags for gloves.
6). She was later arrested and imprisoned for 45 days without being charged and prevented from breastfeeding.
7). The baby later died while in Sanyu babies home.
8). A preliminary objection in regard to limitation period was raised. |
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1). The acts and omissions that gave rise to the cause of action against the respondents occured between 21st June, 2001 when she was told at Sanyu babies home that her child died on 2nd Jne 2001.
2).The petitioner can't be expected to have started contemplating legal action when she had no idea what had happened to her child. Moreover, she was still on bond. The time of limitation could not have started running until the 3rd July 2001. Since she filed this petition on 27th July 2001, she acted within time and her petition is not time barred. |
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1). Preliminary objection dismissed.
2). The costs of the application will abide the result of this petition.
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Other Interesting Judgments 
Joyce Nakacwa vs. The Attorney General and 2 Others - Constitutional Court Const. Petit No. 2 of 2001 10/11/2002
