KAMPALA.
The High Court in Kampala has dismissed claims by city socialite Nduhukire Nasser aka Don Nasser that he was abducted and tortured by Ugandan police officers in Kenya.
Justice Andrew Bashaija of the International Crimes Division on Thursday ruled that the court lacks territorial jurisdiction to entertain claims of alleged rights violations that occurred in another country .
“The alleged abduction and acts of torture occurred outside the borders of Uganda,” Justice Bashaija ruled
He added: “This court, under the Constitution and the Penal Code, cannot exercise extraterritorial jurisdiction in this matter.”.
Don Nasser, who is on trial for aggravated trafficking in children and defilement, had asked the court to nullify his trial, citing violations of non-derogable constitutional rights and international legal norms.
Through his lawyers, Nasser claimed he was abducted by plainclothes men from Staroot Apartments in Nairobi on the night of September 18, 2024. In his sworn affidavit, he said, “They blindfolded me, beat me, denied me food, and kept me in a container for three days.”
He alleged that the abductors were Ugandan police officers who illegally transported him into Uganda through Malaba border, bypassing any formal extradition process.
However, the Attorney General’s office strongly refuted the claims. Detective Edward Musasizi, one of the arresting officers, told Court that Nasser was “found walking freely” on Ugandan soil in Tororo District.
“There was no abduction, no torture,” Musasizi told the court. “The applicant was arrested lawfully within Uganda’s borders.”
State attorney Joseph Kyomuhendo further argued that Nasser bore no injuries and was mentally stable at the time of his arrest. “When presented in court, he never raised any complaints of torture,” Kyomuhendo said.
The state also produced immigration records indicating that Nasser had not officially exited Uganda since October 2023, casting doubt on his claims of being in Nairobi, Kenya.
Justice Bashaija said the court could not determine whether Nasser’s alleged abduction and rendition took place without proper admissible evidence. “Affidavit evidence without corroboration cannot suffice in serious allegations involving international law violations,” he ruled.
He also faulted the applicant for not raising the torture allegations at the earliest opportunity. “There is no legal basis for this court to investigate events alleged to have occurred in Kenya,” the judge emphasized.
Dismissing the application with costs, Justice Bashaija concluded: “The application lacks merit and is accordingly dismissed.”
Now , Nasser’s criminal trial on charges of child trafficking continues before the International Crimes Division.