The High Court has ordered Horeb Services Uganda Limited, a recruitment agency, and its Managing Director, Ezra Mugisha, to pay Shs 250 million in damages for their role in the death of Ugandan migrant worker Milly Namutamba in Saudi Arabia.
The ruling follows a lawsuit filed by Namutamba's daughter, Desire Namale, who accused the company of neglecting its responsibilities after her mother left Uganda for domestic work in August 2018.
Communication between Namutamba and her family ceased in early 2019, and despite Namale's repeated inquiries to Horeb Services, the family remained uninformed about her fate for nearly two years.
They ultimately learned of her death through unofficial channels in September 2022.
In his ruling, justice Boniface Wamala found that Horeb Services had violated Namutamba's right to life by failing to ensure her safety and properly inform her family of her death.
The court also condemned the agency's handling of Namutamba's repatriation and its failure to adhere to proper communication protocols.
"The respondents infringed on the applicants' right to information" about Namutamba's fate, adding that the company's actions violated her "rights to dignity and freedom from inhuman and degrading treatment,"the judge stated.
The ruling orders Horeb Services to pay Shs 200 million in general damages and Shs 50 million in exemplary damages.
Namale described how the agency initially promised assistance and compensation but failed to fulfill these commitments, leading her family to pursue legal action.
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The court rejected Horeb Services' argument that responsibility for Namutamba's death rested with the Saudi recruitment agency.
Justice Wamala ruled that Horeb Services bore the primary responsibility for the safety and welfare of Namutamba, as stipulated by Ugandan law.
"The late Namutamba Milly was legally externalised, but the respondents never fulfilled their obligations," the court stated.
The court also highlighted that Namutamba was buried without the consent of her family or the Ugandan Embassy, a violation of proper procedures.
Horeb Services' failure to use the Saudi tracking system, MUSANED, hindered Ugandan authorities' ability to monitor Namutamba's status, which contributed to the delay in discovering her death.
"This ruling sends a powerful message: human life is invaluable, and companies must take responsibility for the migrant workers they export," said Titus Asiimwe, counsel for Namale.
Asiimwe noted that this ruling underscores the accountability of labor recruitment agencies and sets a precedent for upholding migrant workers' rights, particularly regarding their safety and the humane treatment of their families in cases of death abroad.
Namale expressed relief, noting that "this victory is a testament to the resilience of survivors and the power of justice."
