Kampala, Uganda: The High Court Civil Division in Kampala has awarded Shs5 million in general damages to a former pupil of Sir Apollo Kaggwa Primary School, ruling that she was unlawfully subjected to corporal punishment and declaring the practice unconstitutional.
In a judgment delivered on July 14, 2026, Justice Simon Peter Kinobe held that corporal punishment and caning of pupils by the school and its agents violated Uganda’s Constitution and existing legal framework.
The case was brought by Naswif Katongole, through her mother, Lila Babirye, who accused the school of caning the pupil in September 2011, causing injuries to her waist that allegedly resulted in long-term physical and psychological harm.
In his ruling, Justice Kinobe ordered the school to pay Shs5 million in general damages, with interest at six per cent per annum from the date of judgment until full payment. He also ordered the school to meet the costs of the suit.
In addition, the judge granted a permanent injunction restraining the school and its employees from administering corporal punishment as a disciplinary measure.
“I grant the following remedies to the plaintiff: a declaration that the acts of battery, corporal punishment and caning of pupils by the defendant and its agents are unconstitutional and illegal; a permanent injunction restraining the defendant and its agents from continuing to administer corporal punishment or caning as a mode of punishment to its pupils; general damages of Shs5 million; interest at six per cent per annum on the general damages from the date of judgment until payment in full; and the costs of the suit,” Justice Kinobe held.
According to court records, teachers Grace Lumu and Joseph Owino allegedly beat the pupil on her waist and back while acting in the course of their duties at the school.
The plaintiff argued that the assault caused serious physical injuries, psychological trauma, and long-term mobility complications.
Represented by Anguria and Company Advocates, Katongole and her mother filed the suit on May 14, 2014, seeking a declaration that corporal punishment, including caning, was unconstitutional and unlawful, alongside compensation for the alleged injuries.
School’s Defence
The school denied liability, arguing that the pupil did not lose an academic year because she later sat her Primary Leaving Examinations (PLE) at the same school.It further contended that the suit did not disclose a valid cause of action warranting compensation.
However, the court rejected the school’s arguments and found that the use of corporal punishment contravened constitutional protections afforded to children.
In his judgment, Justice Kinobe said schools should nurture resilience, compassion and a love for learning rather than create an atmosphere of fear. He observed that corporal punishment damages the teacher-pupil relationship and has lasting consequences for children’s wellbeing.
“I find it pertinent to state that corporal punishment in schools is a profoundly harmful practice that undermines both the dignity and holistic development of children. It instils fear rather than discipline, breeds resentment instead of respect, and erodes the trust essential to the teacher-student relationship.”
The judge added that the effects of corporal punishment extend beyond physical injuries.
“The effects are not merely immediate. Physical punishment leaves enduring psychological scars, manifesting in anxiety, aggression, diminished self-esteem, and impaired academic performance. It normalises violence as a legitimate means of resolving conflict, thereby perpetuating cycles of abuse beyond the classroom.”
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