Hon. Justice Geoffrey Kiryabwire speaking at the launch of the Small Claims Procedure Report
Small Claims Procedure(SCP) unlocked more than Shs10.7 billion into the economy in the last Financial Year (2020/2021) according to its performance report which was launched on Wednesday December 15, 2021.
The Report was presented by the Chairperson of the SCP Implementation Committee, Hon. Justice Geoffrey Kiryabwire, who noted that the initiative has positively impacted the delivery of justice in civil matters and thus contributed to economic development of the nation.
The Report indicates that the Procedure has enhanced access to justice for litigants with commercial disputes whose value does not exceed Shs10 million.
In terms of overall performance, the clearance rate of SCP at claim level in Financial Year2020/2021 was at 93 per cent. The disposal rate stood at 68 per cent while the performance at demand notice level was reported at 74.88 per cent clearance rate. The disposal rate was at 70.57 per cent which accounted for 1.8 billion in collections.
Hon. Justice Kiryabwire pointed out that there is high preference rate of SCP over ordinary suits. At least 4,366 small claims were registered against 1,309 civil suits whose subject value is below Shs10 million in the period reviewed.
He however, decried the set backs presented by the decision in Sejjemba Vs Attorney General where the Constitutional Court ruled in favour of allowing legal representation in matters of Small Claims Procedure.
"We will appeal the decision not because we want to improve access to justice but there are legal fundamental irregularities in the decision," he said.
He equally disclosed that a number of reforms have been proposed to the Rules Committee including the inclusion of matters arising out of contracts of service and contracts for service, provision for other modes of service especially where the defendant cannot easily be traced or refuses to sign summons, and specifying which contracts are enforceable under the SCP rules.
Others are the need establish by law the jurisdiction of Local Council Courts in line with SCP Rules and the admissibility of documents written in local languages in court among others.
Hon. Justice Musa Sekaana, who delivered remarks on behalf of the Principal Judge, encouraged Judicial Officers to embrace SCP for speedy, simple and timely justice delivery.
"There has been a constant public outcry that the judicial system in Uganda has procedures that are too technical for a lay person to understand. But that is not the case with Small Claims Procedure, because everything is simplified for the normal court user," he said.
The Under Secretary, Ms Maureen Kasande, who represented the Permanent Secretary/Secretary to Judiciary handed over 75 mobile phones to SCP registry in-charges at selected courts. She said this will enable courts to stay in close contact with the parties. “Considering that this is pro-people initiative and that the courts have limited and predefined time within which to dispose of such matters, these phones will enhance communication.
The Review meeting was organized by the Small Claims Procedure Registry.
HW Lillian Bucyana, was awarded a plaque in recognition of her outstanding performance as the first Registrar in charge of Small Claims Procedure. She was commended for growing and rolling it out to more than 100 courts, thereby unlocking billions in the value of completed cases between 2017 and 2021.
HW Bucyana thanked her team for the support rendered to her during her reign and urged them to extend it to the new Assistant Registrar charge of Small Claims Procedure.
Speaking on behalf of the Head of the Commercial Division, Hon. Lady Justice Susan Abinyo commended the SCP team on the milestones and achievements registered.
The SCP implementation started in 2012 with six pilot Chief Magistrates Courts of Arua, Lira, Mbale, Mengo, Masaka and Kabale. Currently, it has been rolled out to 136 courts countrywide.
Posted 15th, December 2021
