JUDICIARY Latest Features

Earlier, the Deputy Chief Justice Richard Buteera presided over the opening ceremony of the Court of Appeal Criminal Appeals session at Jinja High Court, which started today and will conclude tomorrow, December 10,2024.

During this session,28 cases will be heard by a panel of three Justices: Lady Justice Hellen Abulu Obura, Justice Christopher Gashirabake, and Justice Dr. Asa Mugenyi.

Speaking during a stakeholders' meeting, Justice Buteera explained that the Court of Appeal's decision to hold regional sessions aims to make justice more accessible and affordable for the people of Uganda. He informed stakeholders that in addition to criminal sessions, the Court is now holding civil sessions, with one scheduled in Mbarara this week.

Justice Buteera acknowledged the backlog at the Court, noting that it is mainly due to the limited number of justices that the Court has.

He discussed the ongoing efforts to increase the number of Court of Appeal Justices from 15 to35, with plans to add seven new Justices to the current 13 this Financial Year.

The Deputy Chief Justice also assured representatives from the Office of the Director of PublicProsecutions that their submissions are read by the Justices and will be considered. 

He addressed concerns about the facilitation of defense counsel, explaining that while resources are limited, once the budget for sessions is increased, this will also improve facilitation for defense lawyers. He also encouraged defense counsel to maintain professional commitment to their clients.

On addressing the backlog, Justice Buteera emphasized the importance of Alternative Dispute Resolution (ADR), including plea bargaining and mediation. He noted that the Judiciary's initiative to resolve cases quickly and affordably through ADR is proving effective. 

He stressed the need for continued training of advocates in Mediation and called for collaboration to ensure efficient delivery of justice to the people of Uganda.

Justice Buteera also shared plans to reduce case backlog in Judiciary by organizing teams of Judges to handle case backlog at different stations, starting in January 2025.

In her remarks, Lady Justice Obura, head of the panel, thanked the ODPP and Defense Counsel for their timely filing of submissions and emphasized the importance of managing time effectively moving forward.

Lady Justice Dr. Winfred Nabisinde, Head of the Jinja High Court Circuit, welcomed the Court of Appeal Justices and discussed the case load in the Jinja High Court Circuit, which covers Jinja, Kamuli, and Buyende districts. 

She noted that the High Court has a caseload of 3,123 cases, with 1,826 of them backlogged. The Chief Magistrate's Court has 1,676 cases, with 352 backlogged.

Justice Dr. Nabisinde also noted delays in judgment delivery due to the heavy workload, though efforts are being made to meet the 60-day target for delivering judgments.

She emphasized the importance of adding a second and even a third judge for the Circuit, noting that while the lower courts have a manageable caseload per judicial officer, the High Court needs more Judges to manage the rising number of cases. 

Justice Dr. Nabisinde highlighted the improvements in court facilities, such as the video conferencing system that reduce the number of witnesses needing to be physically present, and the addition of justice centers and legal aid services. The Circuit has also implemented court-annexed mediation to resolve cases outside of the formal court process.

She also pointed out that while Jinja High Court security is generally adequate, there are areas that need improvement, particularly in terms of modern security equipment to enhance checks at the court entrances.

Mr. Sam Oola, from the Office of the Director of Public Prosecutions (ODPP), thanked the Court of Appeal for holding upcountry sessions. He noted that these sessions enable State Attorneys from upcountry stations to participate, building their confidence and strengthening their experience.

Mr. Oola also highlighted key challenges faced by the ODPP, including backlog of cases and difficulties in tracing suspects released on bail or acquitted in some cases, especially in urban areas. He pointed out that this complicates the prosecution process. 

Mr Martin Asingwire from the Uganda Law Society raised concerns about delays in hearing appeals, noting that some convictions being handled date back to 2010. He emphasized the need to avoid normalizing prolonged appeals.

Mr Asingwire also highlighted the challenges faced by defense counsel, including in adequate resources, limited preparation time, and difficulty accessing witnesses or gathering additional evidence.

To address these issues, he called for better case preparation, increased resource allocation for defense counsel, and an investigation into the factors limiting effective representation by defense counsel.

The meeting was attended by Judicial Officers as well as various stakeholders from the Uganda Police Force, Uganda Prisons Service and the ODPP.

Notably present were HW Dr. Mushabe Alex Karocho (Private Legal Secretary to the DCJ), HW Lillian Bucyana (Deputy Registrar, Criminal Registry, Court of Appeal), and HW Gakyaro Allan (Personal Assistant to the DCJ), among others.

Also present were SSP James Monday Agaba (representative from the Uganda Police Force), Ms. Olivia Nanseko (Representative from the Uganda Human Rights Commission) and Rev. Canon James Kivunike (Mediator at Jinja High Court).

The meeting was moderated by HW Kyampaire Dorothy (Assistant Registrar, Jinja High Court).