The International Crimes Division of the High Court has ruled that an American couple must compensate a child they are accused of torturing, awarding a sum of 100 million Ugandan Shillings.
Mackenzie Leigh and her husband, Nicholas Scott Spencer, were accused of intentionally inflicting physical and mental pain and suffering on a 10-year-old HIV-positive foster son, whose identity remains undisclosed to protect his privacy.
The court proceedings revealed that the couple had subjected the boy to various forms of abuse, including isolating him from other children, removing him from school, making him sleep on a hard wooden surface without a mattress, forcing him to sit in a single position on cold tiles with his legs crossed and folded, and providing him with frozen food. Furthermore, the child was kept under constant CCTV surveillance as a form of punishment for misbehavior under the pretext of instilling discipline.
Initially, the couple faced charges of aggravated torture and aggravated child trafficking, cruel, inhumane or degrading treatment or punishment, and child neglect. The prosecution alleged that the couple, residing in Uganda since 2017, recruited, transported, and retained the child, exploiting his vulnerable position.
Specifically, the husband was accused of neglecting the child’s basic needs, including sufficient food, clothing, bedding, and a safe living environment. Additionally, they were charged with overstaying their visa and working in Uganda without a permit, having been employed at New Frontiers Technology Consult Limited and Motiv, located at Innovation Village.
The offenses were reported to have occurred between December 2020 and December 2022 in Naguru, Kampala District. Although the couple initially pleaded not guilty to the charges, they later opted for a plea bargain with the Office of the Director of Public Prosecutions, acknowledging their actions and agreeing to return to the United States.
The plea bargain agreement indicated that the couple had been attempting to manage the child, who allegedly suffered from a complex psychiatric disorder, leading to disruptive behavior, including physical harm to others, soiling himself and his bedding, and defying parental instructions.
Lady Justice Alice Komuhangi Khaukha endorsed the plea bargain agreement and recognized observations by lawyer David Mpanga, highlighting a systemic issue in Uganda concerning the care of unfortunate children.
She noted, “The child needed help and support after he lost his father and having been abandoned by his mother with no known relative willing to support him. Unfortunately, the accused persons failed to manage his peculiar behaviors.”
The judge also ordered the couple to pay fines of 3.3 million and 1.5 million Shillings for their crimes. Failure to pay would result in jail sentences of two years and six months, respectively. The funds were directed to be temporarily deposited in the Asset Recovery Management Fund account at the Central Bank until a trustee was appointed to oversee its management on behalf of the victim.
Justice Komuhangi instructed the Office of the Director of Public Prosecutions to collaborate with the public trustee, who serves as the administrator general, to determine the best way to manage these funds for the child’s benefit within three months of the order.
Records from the plea bargain agreement revealed that both individuals suffer from Ehlers-Danlos Syndrome, an inherited disorder affecting connective tissues, especially joints, skin, and blood vessel walls. Mackenzie was diagnosed at 19 years old, and Nicholas was diagnosed at 24, rendering them unable to have children. They have each undergone multiple surgeries related to the condition.
