A law enforcement officer attached to Rubanda Town Council, Fortunate Kyarikunda, has been sent to prison by the Chief Magistrate’s court in Rukungiri district for failing to compensate her former boyfriend Shs 14 million for breach of a marriage promise.
Kyarikunda, a resident of Kiringa parish in Kanungu district, western Uganda, was ordered to compensate Richard Tumwiine, a primary school teacher and resident of Kagoongo–Nyakagyezi village in Nyarutojo parish.
The case stems from a ruling by the Kanungu Magistrate’s court in January 2023 ordering Kyarikunda to refund Tumwiine Shs 9,439,100 that he had spent on her education while anticipating marriage.
The court also awarded Tumwiine Shs 1 million in general damages for the inconvenience and psychological distress he suffered. Kyarikunda lost the case after failing to file a defence or appear in court.
Instead of complying with the ruling, she filed a petition in February 2023 before the same court seeking to have the judgment set aside. She argued that she had not received court summons and was therefore unable to file a defence, claiming that her phone had at the time been used by her sister, Rhona Atukwasa.
However, the court dismissed the petition. Unsatisfied with the decision, Kyarikunda later filed another application before the Rukungiri Grade One Magistrate’s court seeking to set aside the ruling on similar grounds that she had not received the summons. The petition was again dismissed.
Despite the court decisions, Kyarikunda did not pay the money. Today, Tuesday, March 10, 2026, she was arrested from Rubanda town while on duty and taken to Rukungiri. Later in the evening, she was presented before the Rukungiri Chief Magistrate’s court on accusations of failing to comply with the court order.
Rukungiri grade one magistrate Dinah Nekesa ordered that Kyarikunda be committed to Rukungiri government prison (civil prison) for six months for failing to satisfy the court decree.
By the time of her arrest, the outstanding amount had accumulated to Shs 14,099,100.
A warrant committing the judgment debtor to civil prison reads in part:
“Whereas the judgment debtor has been brought before this honorable court on this 10th day of March 2026, it was ordered that the said judgment debtor shall pay the sum of UGX 14,099,100. And whereas the judgment debtor has neither obeyed the judgment nor satisfied the court that she is entitled to be discharged from custody, you are commanded to take and receive the said Kyarikunda Fortunate into civil prison and keep her imprisoned therein for a period not exceeding six months or until the judgment decree is fully satisfied.”
Kyarikunda declined to comment on the matter. Tumwiine’s lawyer, Erasmus Nabimanya of Nabimanya and Company Advocates, welcomed the court decision, saying Kyarikunda had deliberately refused to comply with the court order.
Background
Tumwiine and Kyarikunda, both teachers at the time, began their relationship in 2015 while working at Kiringa primary school in Kambuga sub-county. In 2018, the two entered into a marriage agreement.
During the relationship, Tumwiine financially supported Kyarikunda and sponsored her to pursue a diploma in Legal Practice at the Law Development Centre (LDC) in Kampala, spending about Shs 9.4 million on her studies.
After completing the bar course, the couple planned to hold an introduction ceremony in February 2022.
However, Kyarikunda later withdrew from the marriage plans, saying she could not proceed because her partner was too old and that the relationship would cause her stress. She argued that she was still in her 30s while Tumwiine was in his 60s.
Following the cancellation of the marriage plans, Tumwiine took the matter to court for breach of a marriage promise and asked the court to compel Kyarikunda to refund the money he had spent on her education, arguing that it had been an investment in their future as husband and wife.
In a 2023 interview with our reporter, Tumwiine said he opted for legal action to avoid taking the law into his own hands. He explained that he mobilised the money from his monthly salary, agricultural produce sales, and income from commercial structures in nearby Kanyantorogo sub-county, hoping to fulfil the marriage promise.
Tumwiine said he abandoned thoughts of revenge after consulting the area LC 3 chairperson and Crime Intelligence officers at Kambuga police post, who advised him to remain calm and seek legal redress.
Although the court victory could not restore the happiness he had hoped for, Tumwiine said his experience should serve as a lesson to the public about the importance of keeping promises.
About the Author
