According to court documents, on July 30, 2020, a consent judgment was presided over by the then head of the Civil Division of the High Court, Justice Musa Ssekaana.
The judgment required Watoto Childcare Ministries to pay John Jogga Katamba Shs10m as a full and final settlement of his case, in which he had sought Shs300m in damages and compensation for his kidney.
“That the sum mentioned (Shs10m) herein is paid by the defendant to the plaintiff as an ex-gratia sum. The plaintiff undertakes to issue a media statement absolving the defendant of all the allegations made against it,” reads the consent document.
An “ex gratia sum” is a voluntary payment made out of favor or goodwill, rather than due to a legal or contractual obligation.
The court document, which is not uploaded to the court system for public access, resulted from a 2017 case in which Katamba had sued Watoto Childcare Ministries over accusations that the organization trafficked him to India under the guise of a legitimate kidney donation for a child under Watoto’s care.
Katamba had claimed that the transplant was performed in an unauthorized hospital without his valid consent, leaving him with severe medical complications, loss of livelihood, and ongoing pain.
According to the claim, Katamba had sought Shs300m in damages, punitive damages, and compensation for medical costs. However, in 2020, a consent judgment was entered in which Watoto agreed to pay Katamba Shs10m (approximately $2,000) on an ex-gratia basis — meaning without admission of liability.
Katamba claimed that the operation was conducted in a non-approved hospital and without his consent or approval from the Ugandan Prime Minister, as required, making it illegal.
“The defendant has refused to look after him despite several demands, and he has had to foot his own medical bills for treatment of the after-effects of the illegal operation,” reads the complaint. Katamba claimed that the actions of Watoto Childcare Ministries were not only illegal but amounted to human trafficking, were malicious, and caused him significant suffering and mental anguish.
According to the court document, all of Katamba’s claims against Watoto Childcare Ministries were extinguished, and Katamba undertook not to bring any future claims against the defendant in relation to the subject matter of the case.
The consent judgment required Katamba to withdraw the case with no orders for legal costs incurred. This situation raises questions about whether justice was served in the case and what it means for Watoto Childcare Ministries’ reputation in the country.
The consent was signed by Katamba alone, even though he filed the case through M/s Okurut and Company Advocates. The name of the signatory for Watoto Childcare Ministries is not recognizable, and their lawyers are also not included.
The consent judgment was signed off after Watoto Childcare Ministries, in a self-defeating defense, stated that it was the custodian of Master Kabuye William, who was admitted as an underprivileged child in 2011. He was later diagnosed with end-stage kidney disease, which led to the failure of both his kidneys, resulting in a recommendation that he needed a transplant to save his life.
Through their lawyers, M/s Arcadia Advocates, Watoto Childcare Ministries states that in 2014, Dr. Kalyesubula Robert introduced Katamba to the organization as a person who was willing to donate one of his kidneys to save Master Kabuye’s life.
“Dr. Kalyesubula Robert had initially recommended that Master Kabuye be referred to Prof. Sandeep Guleria, a senior consultant at Apollo Hospitals. However, the doctor declined to conduct the surgery on the grounds that both the donor and the recipient were not related,” reads Watoto’s defense in part.
According to the defense, Watoto Childcare Ministries stated that it was always willing to cover any expenses associated with post-surgical treatment, but Katamba declined to be subjected to it. Instead, he demanded payment for the loss of the kidney, rent, food, and family expenses.
Legal analysts point to the sharp contrast between the claim (Shs300m) and the settlement (Shs10m) and note that the original 2014 Memorandum of Understanding required Watoto to cover his medical care for two years, which was not preserved in the final settlement.
