Relatives of Milly Namutamba, who passed away while working as a housemaid in Saudi Arabia, have appealed to the government for assistance in repatriating her remains so she can receive a proper and dignified burial. The family, including Namutamba’s daughter Desire Namale, her father Steven Kabengwa, and her brother-in-law Charles Muyingo Mutasa, revealed that she was sent to Saudi Arabia by Horeb Services Uganda Limited on August 19, 2018, to work as a domestic worker.
Evidence presented before the court indicates that at the time of her departure, Namutamba was in perfect health, having undergone a medical check-up facilitated by Horeb Services. However, after about five months, her family lost contact with her without explanation. They confirmed Namutamba’s death in early September 2019 and stated that Horeb Services Uganda Limited promised to formally inform them of the cause of death, but to date, no update has been provided.
The family’s decision to come forward follows the October 7, 2024, ruling by High Court Judge Boniface Wamala, who ordered Horeb Services Uganda Limited and its Managing Director, Ezra Mugisha, to compensate them 250 million shillings for the loss of their relative. Represented by the deceased’s brother-in-law Muyingo and daughter Namale, the family sued Horeb Services Uganda Limited and its Director for violating Namutamba’s right to life.
In the ruling, the court declared that Horeb Services Ltd and its Director, Ezra Mugisha, violated Namutamba’s right to life, as enshrined in Uganda’s Constitution [Article 22]. “The decision, act, or omission by the respondents to operate off the Saudi tracking system was a grave error on the part of the respondents,” said Justice Wamala.
According to Justice Wamala, the evidence presented in court showed that this issue was not unique to Namutamba but extended to all migrant workers externalized by Horeb Services Limited in collaboration with the AL Manasa Saudi Recruitment Agency.
“In the absence of any explanation from the respondents regarding how this grave error was allowed to occur, I find it safe to infer that it was calculated by the respondents for profit-making at the expense of the other persons involved,” Wamala stated.
He further noted that as a result, a life that could have been saved was lost.
“Such conduct ought never to be repeated and makes this case appropriate for an award of exemplary damages,” Wamala added. The evidence before the court indicated that Namutamba died of cardiopulmonary arrest. Regarding the request to return Namutamba’s remains, the Judge expressed reluctance to issue orders that might not be complied with, given that both parties claimed they could not locate her remains.
“Courts do not pass orders that are incapable of performance, as such would be an order in vain. In the circumstances, it appears to me that the family of the said Milly Namutamba will have to come to terms with the reality that attempts to locate the remains of their loved one have failed and that they are unable to obtain the remains for a decent burial or reach her grave to pay their last respects,” said Justice Wamala.
In their defense, Horeb Services Limited and Mugisha denied responsibility for the death of the migrant worker or any compensation arising from the incident. They contended that they did not violate the deceased’s right to life, asserting that any violation of her rights should be directed against her employer, the representative agency, and the governments of Uganda and Saudi Arabia, rather than them.
Furthermore, they indicated that the duty to repatriate the body and inform the next of kin lay with the employer and the Saudi Arabian Recruitment Agency, in line with the Employment Contract and the bilateral agreement between the governments of Uganda and Saudi Arabia.