How Sir Apollo Kaggwa Primary School escaped a bigger payout despite losing caning case

• The High Court declared corporal punishment in schools unconstitutional and illegal.

• Sir Apollo Kaggwa Primary School was permanently barred from caning pupils.

• The court ruled the school was responsible for its teachers' illegal actions but found no proof the caning caused Katongole's spinal injuries.

• Katongole received Shs5 million in general damages, plus interest and costs.

The Civil Division of High Court has declared corporal punishment in schools unconstitutional and illegal, issuing a permanent order stopping Sir Apollo Kaggwa Primary School and its staff from caning pupils.

The court also awarded former pupil Naswif Katongole Shs5 million in general damages.

In a judgment delivered on July 14, 2026, Acting High Court Judge Simon Peter Kinobe  ruled that teachers who physically punish pupils commit an illegal act, even where a school has a policy banning corporal punishment. He held that schools remain responsible for such actions because teachers act in the course of their employment.

Katongole sued the school in 2014 through his mother, Babirye Lilah, after alleging that two teachers beat him in September 2011, leaving him with severe injuries, emotional trauma and mobility problems. He later continued the case in his own name after reaching adulthood.

The family argued that the beatings forced Babirye to leave her job to care for her son and seek specialised treatment in South Africa. They also said the school had contributed £20,000 towards his treatment and US$3,600 for travel costs after the incident.

The school denied responsibility for Katongole's medical condition. It argued that the teachers acted without its authority, said it had already dismissed them, and maintained that there was no medical evidence linking the alleged caning to the injuries.

Kinobe agreed that the school's teachers had caned Katongole. However, he found that the family failed to prove that the caning caused the spinal cord injuries.

The judge accepted medical evidence presented by the school indicating that the injuries were more likely caused by a viral infection than physical trauma. As a result, he declined to award compensation for medical expenses, lost income and other financial losses claimed by the family.

The court also rejected the school's argument that an agreement signed in 2012 prevented the family from filing the case. Justice Kinobe ruled that the agreement was unenforceable because it lacked valid legal consideration.

Although the court found no proof that the caning caused Katongole's physical condition, it ruled that the assault itself was unlawful and caused emotional suffering.

Justice Kinobe awarded Katongole Shs5 million in general damages, interest at six per cent from the date of judgment until payment, and costs of the suit. He also issued a permanent injunction barring the school and its staff from administering corporal punishment.

In his closing remarks, the judge said corporal punishment instils fear instead of discipline, damages children's dignity and leaves lasting psychological scars. He described the practice as incompatible with modern education and Uganda's legal framework protecting children's rights.