An American couple in Uganda ostensibly for humanitarian work was charged with aggravated torture and child trafficking one of their three foster children from a Christian ministry. If convicted, they could face the death penalty.
Nicholas Spencer and Mackenzie Leigh Mathias Spencer have been detained since December 9, 2022. They originally moved to Uganda in 2017, though it is unclear what projects they have taken on since then. In 2018, they began fostering three children from the Welcome Home Ministries in Jinja City.
The couple were arrested after their neighbors noticed alleged torture toward one of their three foster children and turned them in. This 10-year-old boy is HIV positive. The Ugandan police issued a statement about the couple’s arrest, saying “the couple constantly tortured, a one Kayima John, a 10-year-old pupil of Dawn Children’s Center in Ntinda, which attracted the attention of neighbours.”
The police investigated the neighbors' claims and determined they were true. Police claim “the couple kept the victim barefoot, and naked throughout the day, would occasionally make him squat in an awkward position, with his head facing the floor and hands spread out widely, he spent his nights on a wooden platform, without a mattress or beddings and was served cold meals from the fridge.” They also believe that other alleged abuse could have occurred out of sight.
As part of their investigation, police spoke with a caregiver employed by the couple who wished to remain anonymous. The caregiver also confirmed the alleged abuse to police. They stated the couple believed that this child was “stubborn, hyperactive and mentally unstable,” which was why he was singled out.
The caregiver stayed in the job longer than she was comfortable with to protect the child. “I wanted to leave the job, but I knew if I left without doing something about it, the torture would continue,” she stated. She decided to speak out.
At first, the Spencers faced only one charge of aggravated torture. If convicted, they would have faced life in prison. The couple pleaded not guilty. Their charges were updated on Tuesday of this week.
In addition to aggravated torture, a charge of aggravated child trafficking was brought on the couple. This charge has a more serious punishment if convicted: the death penalty. The charges accuse the couple of keeping the child by means of “abuse of position of vulnerability for purposes of exploitation.”
Because of this charge’s serious nature, it can only be heard in high court. The charges were read on Tuesday in a magistrate’s court. The Spencers have not entered a plea yet, because this must be done in high court.
So far, no date has been set for the Spencers to appear in high court. They are currently being held at Luzira Prison. This is a maximum-security detention center located just outside Kampala.
The Spencers attempted to get released on bail, citing Mackenzie’s medical issues. This was denied. Ugandan authorities state they have the capabilities to treat Mackenzie.
Joan Keko, the prosecutor working on this case, said, “They have no community or family ties in Uganda, and the offense with which they are charged currently is of grave nature attracting a penalty of life imprisonment, therefore their likelihood to abscond from bail is really, really high.” She does not believe that the couple should be released.
The US Embassy in Uganda is aware of this case. Staff have not made an official statement regarding the case but are monitoring it closely to see what transpires.
