American Couple Ordered to Pay 100 Million Shillings for Torturing Child

By Phillipa Among Last updated Oct 31, 2023 407

American couple Nicholas Spencer and his wife, Mackenzie Leigh Mathias Spencer, sit in the courtroom during the verdict where they are charged with torturing a ten-year-old John Kayima and state prosecutor objected to their application saying that the two have been illegally in Uganda after their work permits expired, at the High court in Kampala, Uganda, October 31, 2023. REUTERS/Abubaker Lubowa

The International Crimes Division of the High Court has ruled that an American couple, Mackenzie Leigh and Nicholas Scott Spencer, must pay 100 million Shillings in compensation for allegedly torturing a 10-year-old HIV-positive fostered child in Uganda. The child’s identity is being protected for privacy reasons.

The court heard that the couple subjected the boy to physical and mental abuse, including isolating him from other children, withdrawing him from school, making him sleep on a hard wooden surface without a mattress, forcing him to sit on cold tiles with his legs crossed, and feeding him frozen food. They also monitored him with CCTV cameras as a form of punishment.

Initially, the couple faced charges of aggravated torture, aggravated child trafficking, cruel treatment, child neglect, and working in Uganda without permits. They had been in Uganda since 2017.

The prosecution argued that they had recruited, transported, and mistreated the child for purposes of exploitation. The husband was accused of failing to provide the child with basic necessities like food, clothing, bedding, and a safe living environment.

While the couple initially pleaded not guilty, they later agreed to a plea bargain with the Office of the Director of Public Prosecutions, admitting their actions and agreeing to return to the United States.

The plea bargain revealed that the child had a complex psychiatric disorder, which caused disruptive behavior. It stated that the couple tried to manage his challenging behavior but failed.

Lady Justice Alice Komuhangi Khaukha endorsed the plea bargain and acknowledged the systemic issue of caring for vulnerable children in Uganda. She emphasized that the child needed help and support due to the absence of family support after losing his father and being abandoned by his mother.

The judge ordered the couple to pay 3.3 million Shillings and 1.5 million Shillings for their crimes or face jail sentences of two years and six months, respectively. The money will be temporarily deposited in an account for the benefit of the child, to be managed by a trustee appointed by the Office of the Director of Public Prosecutions and the public trustee, the administrator general.

The couple’s plea bargain revealed that they both suffer from Ehlers-Danlos Syndrome, a genetic disorder affecting connective tissues. This condition led to their inability to have children, and they have undergone multiple surgeries.

This case highlights the complex issues surrounding child welfare and the need for better systems to support vulnerable children in Uganda.