CEHURD and Kasumba Sue Uganda Human Rights Commission Over Eight-Year Delay in Negligence Case Against Kiboga Hospital

 Center for Health, Human Rights, and Development (CEHURD), and Simon Peter Kasumba, have filed a lawsuit against the Uganda Human Rights Commission (UHRC) for its prolonged failure to address a case involving alleged negligence by Kiboga Hospital.

CEHURD together with Kasumba Simon Peter filed a complaint with UHRC in May 2016 alleging that various Human Rights violations were occasioned to Kasumba and his family by Kiboga Hospital when Kasumba’s wife was admitted at the Hospital.

In their complaint, they sought UHRC to investigate, handle, and dispose of the matter. However, eight years later the matter is still pending, despite continued reminders from the parties.

Speaking to journalists, Kasumba, a resident Kigando village of in Kyankwanzi district, said in 2015, his wife, who was nearing delivery, was rushed to Kiboga Hospital to give birth. At this time, Kasumba too, was hospitalized at Mulago Hospital because he was nursing an accident.

Kasumba narrates that his wife was admitted in time but alleges that no immediate action was taken to assist her give birth. When he was informed that his wife’s condition had worsened, he instructed the caretakers to request a referral to a hospital in Kampala. However, he claims the hospital administration rejected the request, assuring them she would deliver safely at Kiboga Hospital.

Three days later, the hospital discovered that her uterus had ruptured and referred her to Hoima Regional Referral Hospital. Kasumba alleges that the ambulance transporting her lacked a doctor, and she died shortly after undergoing surgery at Hoima Hospital.

Kasumba insists that, despite Kiboga Hospital’s claim that his wife’s death was due to natural causes, it was, in fact, the result of the hospital’s negligence, and he continues to seek justice.

He is complaining about the Human Rights Commission for failing to address his case after eight years, despite his belief that he and CEHURD have provided all the necessary information for the matter to be resolved.

Kitandwe Rhodine, a lawyer at CEHURD says that the delay by the UHRC to hear and dispose of health and human rights-related violations does not only delay and deny justice to Ugandans but also violates and is a denial of the enjoyment of fundamental human and health rights.

Ruth Ajaro, the manager of strategic investigations at CEHUR, said that the Uganda Human Rights Commission (UHRC) has continuously and persistently delayed dispensing justice for Health and human-related complaints before them which failure not only undermines access to justice but also jeopardizes the health and well-being of Ugandans, who trust and believe in the power of UHRC to protect and safeguard their human rights.

She believes that, by failing to investigate cases on time and issue judgments, the commission fails on its Constitutional mandate. This then escalates health crises in a country already facing a severe shortage of healthcare workers, poor healthcare infrastructure, and high maternal mortality rates.

“Further, the actions and omissions of the commission lead to Erosion of Public Trust: The public relies on the UHRC to act as a guardian of justice. Delays in resolving cases erode public trust in institutions meant to protect their rights,” she said.

They want the Constitutional Court to declare the delay in addressing the case unconstitutional and a violation of Kasumba’s rights, and also an order compelling the UHRC to expedite the matter.