The High Court has ordered Sir Apollo Kaggwa Primary School to immediately stop administering corporal punishment to its pupils, declaring the practice unconstitutional and illegal, while awarding Shs5 million in general damages to a former student who was unlawfully caned by teachers.
In a judgment delivered on July 14, 2026, Justice Simon Peter Kinobe issued a permanent injunction restraining the school and all its agents from using caning as a form of discipline. The court also held the school vicariously liable for the unlawful actions of its teachers, despite finding that the former pupil had failed to prove that the caning caused the spinal injury he later developed.
The case was brought by Naswif Katongole, initially through his mother Babirye Lilah before he attained adulthood, after alleging that two teachers at the school brutally caned him in September 2011, causing severe pain, psychological trauma and mobility complications.
The applicants asked the court to declare corporal punishment unconstitutional, award compensation for the injuries suffered, grant special and general damages, exemplary damages, costs and interest.
During the trial, Sir Apollo Kaggwa Primary School argued that the dispute had already been settled through agreements signed in 2012 under which it contributed £20,000 towards Katongole’s medical treatment abroad and US$3,600 for travel expenses. The school further maintained that there was no medical evidence linking the pupil’s condition to the alleged assault and argued that the teachers acted contrary to the school’s policy, which prohibited corporal punishment.
However, Justice Kinobe rejected the school’s preliminary objection, ruling that the November 27, 2012 agreement relied upon by the school was not a valid addendum to the earlier settlement but a completely new contract that lacked fresh consideration and was therefore unenforceable.
“The instrument executed on the 27th day of November 2012 constituted a new contract and not an addendum. Since no fresh consideration moved from the defendant, the agreement is void and unenforceable for want of consideration,” the judge ruled.
The court consequently held that the purported final settlement did not prevent the applicants from pursuing the case.
On the claim that the caning caused Katongole’s spinal injury, the court found that the applicants had not discharged the burden of proof required in civil proceedings.
Justice Kinobe accepted medical evidence presented by specialist physician Dr. Mutebi Edirisa, who testified that the symptoms were more likely caused by a viral infection affecting the spinal cord rather than physical trauma.
“The plaintiffs failed on a balance of probabilities to prove the causal link between the caning by the defendant’s employees and the spinal cord injuries,” the judge held.
He noted that although the school had contributed towards the pupil’s treatment, that contribution did not amount to an admission that the injuries were caused by the beating.
Despite dismissing the claim relating to the alleged spinal injury, the court found that the teachers had unlawfully subjected the pupil to corporal punishment while acting within the scope of their employment.
“It is clear that the 1st plaintiff was beaten by the teachers employed by the defendant. That conduct amounted to corporal punishment, which is prohibited by the laws of Uganda, and, therefore, illegal,” Justice Kinobe said.
The judge further ruled that the school could not escape liability simply because it had a policy prohibiting corporal punishment or because it later dismissed the teachers involved.
“The principle of vicarious liability dictates that an employer remains answerable for the acts of its employee committed in the course of employment, even where such acts are criminal, unlawful, or wanton,” he said.
The court declined to award special damages for medical expenses after finding no evidence that the spinal condition resulted from the caning. It also rejected punitive and exemplary damages, noting that the school had taken corrective measures by dismissing the teachers responsible and had acted in good faith by contributing towards the child’s medical treatment.
Justice Kinobe instead awarded Katongole Shs5 million in general damages for the emotional distress and psychological trauma arising from the unlawful assault, with interest at six percent per annum from the date of judgment until payment in full. The school was also ordered to pay the costs of the suit.
The judgment concluded with a strong condemnation of corporal punishment in schools, with the judge describing it as incompatible with children’s constitutional rights and modern education.
“Corporal punishment in schools is a profoundly harmful practice that undermines both the dignity and holistic development of children. It instills fear rather than discipline, breeds resentment instead of respect, and erodes the trust essential to the teacher-student relationship,” Justice Kinobe said.
He added that, “Education must be a sanctuary of growth, a place where young minds are nurtured, not broken. Every child deserves not the rod, but the opportunity to thrive in an environment of safety, encouragement, and hope.”
