Justice Joyce Kavuma has allowed a request by a couple suing a fertility hospital in Bugolobi to keep their identities secret once court proceedings begin.
The ruling followed an application filed by their lawyer, Fahim Matovu of Katende, Ssempebwa and Company Advocates, in a planned civil suit against Healingway Hospital and Healingway Fertility Centre, both located in Bugolobi.
For years, the couple tried to have biological children, but the natural method of fertilization failed. A friend recommended Healingway Fertility Centre in Bugolobi, saying it was one of the best when it comes to In Vitro Fertilisation (IVF) and Intrauterine Insemination procedures.
After spending millions of shillings, the procedure did not go as planned. The woman was unable to conceive.
Still, the couple claims the fertility clinic started pestering them for more money, saying this “time things will work out.”
The couple alleges the facility was negligent during the first procedure and instructed their lawyer, Matovu, to sue the hospital.
However, before filing the main case, the couple, through the lawyer, asked the court for permission to file the suit using pseudonyms and to have the entire case handled in private. Since they are a prominent couple, they did not want cameras in court.
In his application, Matovu explained that although court rules normally require all parties in a case to be clearly named and for proceedings to be conducted in open court, this case “was different” because it involves “highly sensitive and private facts concerning the couple’s reproductive health.
He said revealing the identities of the couple would expose them to stigma, ridicule, and psychological harm.
Matovu added that his clients are “eminent professionals” and that public exposure of the case could damage their careers and ability to maintain clients.
Matovu also told the court that the couple’s future children could suffer if details of the case were made public.
For these reasons, he asked the court to allow the couple to use initials instead of their real names, to conduct hearings in private, and to seal all court records related to the case.
He argued that the court has wide powers to make orders that ensure justice is done, including protecting people’s privacy in exceptional cases.
Matovu relied on the Constitution, especially the right to privacy, and past court decisions that recognise the need to protect sensitive personal information.
He told the court that medical information, especially relating to fertility and reproductive health, is deeply private and deserves special protection.
Justice Kavuma agreed that the case raised an important conflict between two key principles.
On one hand, she said, courts are generally required to operate openly, yet on the other, she recognised that the law allows exceptions in limited situations, especially where privacy rights are at risk.
She noted that the right to privacy includes protection of sensitive personal information such as medical records.
However, Justice Kavuma made it clear that not every claim of embarrassment or reputational damage is enough to justify secrecy.
“There is no special treatment that should be accorded to public figures or celebrities or even eminent professionals,” she said, adding that such status alone is “no ground to derogate from the principle of open justice.”
She noted that the case would involve detailed medical information, including semen analysis results, ovulation treatment, and other intimate reproductive health matters.
“This court has not been able to find any public interest in publishing the intended couples’ personal medical information,” Justice Kavuma ruled.
Justice Kavuma also considered the practical effect of forcing the couple to testify in open court, noting that many people would be reluctant to fully disclose sensitive medical details if they knew the information would become public.
In her view, keeping the proceedings private would actually help the court get the full truth.
In the end, Justice Kavuma concluded that this was one of the rare cases where secrecy is necessary to achieve justice.
She granted all the orders sought by Matovu, meaning that the couple can formally file their main lawsuit against the fertility hospital, but the public must never know their identities or the full details of their personal medical history.
Well, Bbeg Media knows the identity of the couple, but in respect of the court order, we shall not divulge more details.
Happy Easter.
