L-R: Hon. Justice Owiny-Dollo, Chief Justice, Hon. Olanya, Speaker of Parliament, H.E Museveni and Hon. Janet Museveni , First Lady
President Yoweri Museveni and the Judiciary administration have agreed to meet and discuss the question of bail. The president is against the grant of bail to capital offenders saying it is provocation and on the other hand the Chief Justice Alfonse, Hon. Justice Owiny-Dollo says bail is a constitutional right granted at the discretion of judges after considering the circumstances of the case.
"Somebody has killed a person and you see him walking on street is big a provocation. We cannot accept it because that is why people are taking the law into their hands. In Gomba, they killed a surveyor and another person was killed in Lira district for killing his wife, we cannot accept this," President Museveni said.
He went on to say he is ready to engage the Judiciary over the matter in addition to other mechanisms. "I am very ready to engage with the Judiciary because giving bail to capital offenders is a very dangerous area which we cannot accept because people could end up taking law into their hands," the President said. He was in the company of the First Lady, Mrs Janet Museveni, who also doubles as the Minister of Education.
President Museveni was speaking at the Judiciary's fourth lecture in memory of former Chief Justice Benedicto Kiwanuka at the Judiciary headquarters.
He also unveiled the new Benedicto Kiwanuka monument that has been erected.
Hon. Justice Kiwanuka, the first Ugandan Chief Justice is said to have been killed on orders of former President Idi Amin Dada on September 21, 1972 at Makindye Military Prison. His burial place remains unknown but his son Ambassador Maurice Kagimu says they are optimistic that by next year, they could have located it.
Using an analogy of three "boys" whom the NRM executed for killing people during the Liberation struggle in Luwero, H.E Museveni said it is time to revive the traditional justice system of an eye for an eye.
The President said that it was the constitutional review commission that was headed by former Chief Justice, Hon. Justice Benjamin Odoki, which suppressed the will of people who were against grant of bail to capital offenders.
"I have read the record of the Constitutional Review Commission and noted that they suppressed our line which is the line of the masses. The people didn't want bail for certain offences because that is our traditional justice," H.E Museveni noted.
He added, "When Odoki wrote his final Report, they brought in the issue of discretion to give bail or not even on capital offences. We saw it but we didn't fight yet we could have fought it because at least it was giving power to the Judiciary to decide responsibly but now in no time we are being told that bail is a right."
He also voiced his disagreement on the penalty of life imprisonment given to murder convicts saying it is an ideological departure from the death penalty envisioned in the Penal Code Act that must be addressed.
"It must be a life for life and this the way our people understand justice and even us the freedom fighters," he said.
In regard to Kiwanuka, President Museveni said he was a victim of both the Mengo establishment and Idi Amin. "Hon. Justice Kiwanuka suffered in two ways. He was a victim of Mengo because it mistreated him when he was a leader of DP and I know this because I was very active youth winger. When Mengo people agitated for Federal, he told them that it was impossible, they then said he had undermined the Kabaka," President Museveni noted.
The President noted that those who killed Kiwanuka miscalculated but it is a good lesson for people in positions of authority to know that they will be held accountable for the good and bad things they do. "Those who killed Kiwanuka thought they were very smart and I will ask some of them in the system to tell me what they were thinking because they were big mis-calculators, they didn't know what would work and not and it is now 49-years but we are here condemning Amin and all those that were with him," the President said.
The President however said it was a mistake by Kiwanuka and some members of the Democratic Party to accept serving under former President Idi Amin's autocratic regime.
"I don't know how he calculated but nobody should have accepted to work with Amin because he didn't understand and value anything. That is why I disagreed with DP. Why do you accept to become Chief Justice of Amin?" Museveni.
H.E Museveni observed that the 1966 Kabaka crisis was caused by lack of straight forwardness on part of former President Milton Obote, whom he said made empty promises to Mengo.
In regard to presumed sidelining of the Judiciary for a long time, Museveni said it was a result of budget constraints. "Our tax collection was sh5b in 1986 and it was therefore not possible to handle all the issues at once because we had to prioritize among the priorities," President Museveni said.
On the issue of bail, the Chief Justice said the matter can be resolved through a candid discussion between judicial officers and the President to reach an amicable ground on bail.
"It is my hope that soon or later, we shall present ourselves and we have frank and meaningful debate on this important matter," he said.
Further that the Constitution in operation grants discretion to judicial officers to grant bail and that the law and decided cases are bound that the discretion must be judiciously done.
"Judicial officers do not just wake up and grant bail but there are rules followed. Many factors in addition to Judicial Officer satisfying themselves that the suspect will turnup for trial. We know cases where people have taken law into their hands and we know that capital offences are of concern to the country but judicial officers look into several circumstances and determine whether or not to grant bail," Hon. Justice Owiny-Dollo explained.
CJ, Hon. Justice Owiny-Dollo however commended the President for increasing the judiciary budget from sh199bto around sh400b, which he said is a big boost in dispensation of justice.
In regard to corruption, the Chief Justice said although the Judiciary Top Management advocates for zero tolerance to corruption, it should be a collective effort to ably combat the vice.
Commenting on Hon. Justice Kiwanuka, Hon. Justice Owiny-Dollo said the only way to honor him is through rendering justice without fear, favor, affection or ill-will in a timely manner.
In respect to the prerogative of mercy, the Chief Justice pointed out that the President, as empowered by the Constitution, is the final appellate court in respect to sentence.
The Chief Justice also voiced his concern over unlawful arrests, torture of suspects, fabrication of evidence and disrespect of court orders which he said undermines rule of law in the country.
The Deputy Chief Justice and also Chairperson of the Organizing Committee of the Lecture, Hon. Justice Richard Buteera, stressed the need to stick to the judicial oath made so as to honor the legacy of Chief Justice Kiwanuka who stood by what he believed in even though it cost him, his life.
Uganda Law Society President, Ms Pheona Wall Nabaasa, commended the President for not only condemning acts of human right violations but also appointing the Inspector General of Government and Uganda Human Rights Commission chairperson for rule of law to thrive.
Rev Cyprian Masembe who led the prayers for the day called for peace, reconciliation for prosperity.
Hon. Justice Wambuzi's Book Launched
During the event, the President launched a book written by Chief Justice Emeritus Hon. Justice Samuel William Wako Wambuzi in which he details the administration of justice in the country over the years. Hon. Justice Wambuzi was the immediate predecessor of Kiwanuka.
Makerere University Law School don, Mr. Robert Kirunda, explained that the 512-page book contained the 71 pages made by Justice Wambuzi during his tenure as Chief Justice. He also pointed out the six critical reflections on the future of the country such as separation of powers, degeneration of morals among others.
Retired Chief Justices, Hon. Justice Bart M. Katureebe and Hon. Justice Benjamin Odoki were this year's recipients of the Benedicto Kiwanuka life achievement award for their roles in fostering the rule of the law and enormous contribution towards dispensation of justice in the country.
Posted 29th, September 2021
