By Mukose Arnold Anthony
High Court Justice Wamala Boniface of Kampala High Court Civil Division on Monday Morning ordered Horeb Services Uganda Limited, a recruitment agent and its Director a one Ezra Mugisha over violating the right to life of Milly Namutamba who died in Saudi Arabia in early 2019.
In a case filed by the late Namutamba biological daughter Namale Desire and brother Muyingo Mutaasa Charles, accused the respondents of infringement to right to life, right to dignity and freedom from inhuman and degrading treatment and applicants’ right to information.
According to Namale’s affidavit on court record her mother (Namutamba Milly), now deceased was taken to work in Saudi Arabia by Horeb services Uganda LTD on 19th August 2018 as a domestic service worker.
As it is a policy and requirement for all workers to first undergo necessary medical checkup, the late too was subjected to the same under the supervision, guidance and help of the first respondent
Namale further told court that, they were in direct contact with her mother while in Saudi Arabia for about five months before the deceased’s unceremoniously silence.
After one like a month later of no communication with her deceased mother, Namale got worried and contacted her relatives before approaching the second respondent, who advised her to go to their offices to raise the matter.
Much as Namale adhered to the advice, her two years frequent visits at the company (first responded), yielded no fruit since there was non-responsive.
Court was moved, when Namale informed that, later around September 2022, her uncle (second applicant) through sources unknown to her discovered that her mother had died.
It is upon this horrific background that Justice Wamala agreed with the applicants to Uphold that, the Right to Life of the deceased migrant worker was violated.
In a 28 page ruling delivered via emails, justice emphasized that, a licensed recruitment company is obligated to assume full and complete responsibility for all acts of its officials, employees and representatives done in connection with recruitment and placement.
Judge agreed with the applicant that their right to information about the whereabouts of the deceased were violated when they refused to provide them with information concerning the death of their relative, which the respondents were aware of.
Court said that, the respondents’ failure to repatriate the body of the deceased Namutamba Milly or provide a satisfactory reason for her death have inflicted immeasurable pain on her family members thus causing them mental torture and violating their right to dignity.
Applicants had asked court, to order for the return of the remains of the deceased to offer here a decent send off, however, this was declined.
“Although I have found that the respondents were responsible for the circumstances that led to the loss of Milly Namutamba’s life and a declaration has issued in that regard, it is indicated in evidence that the place of the said deceased’s burial was not known or identified. As such, passing an order for return of the body would be in vain”. Judge ruled.
“Courts do not pass orders that are incapable of performance as such would be an order in vain. In the circumstances, it appears to me that the family of the said Milly Namutamba will have to come to terms with the reality that attempts to locate the remains of their ‘loved one’ have failed; and that they are unable to either obtain the remains for a decent burial or to reach her grave to pay their last respects”. Ruling reads.
Justice Wamala conclusively ordered Horeb services and its director to pay respondents a sum of UGX 200, 000, 000/= (Uganda Shillings Two Hundred Million only) as general damages and UGX 50,000,000/= (Uganda Shillings Fifty Million only) in exemplary damages in addition to the taxed costs of the case to the applicants in the case.
Counsel Titus Asiimwe of Women’s Probono Initiative, legal team for the applicants, termed the ruling as a land mark in pursuant of justice especially for the migrant workers.
“This ruling sends a powerful message: human life is invaluable, and labour recruitment and externalization companies who do not accept and take responsibility over migrant workers they export to the Middle East will not be tolerated.” – Adv. Titus Asiimwe noted.
Desire Namale, the first applicant said that the only way the still living can fight for the rights of the dead is resilient pursuit for justice.
“This victory is a testament to the resilience of survivors and the power of justice. We appreciate the high court for honoring our call to end impunity among labor recruiters who do not acknowledge the pain and suffering of relatives of women who die in Saudi Arabia” – Desire Namale, Daughter to deceased migrant worker said.
The ruling has been welcomed by several migrant workers’ rights activists among who is Abdallah Kayonde of the Migrant Workers Voice who said that, many recruiting agencies have made it a habit of dumping Ugandans to the Middle East and mind less after getting money of them.