(L-R): HW Oliver Nantamu (Assistant Registrar), Hon. Justice Tom Chemutai (Resident Judge, Rukungiri) and Hon. Justice Dr. Zeija (Prinicipal Judge) at the opening of the Kanungu Criminal Session
This morning, the Principal Judge Dr. Flavian Zeija presided over the opening of a High Court Criminal Session at the Kanungu Chief Magistrates Court where 41cases are to be handled.
The session will be presided over by the Rukungiri Resident Judge; Justice Tom Chemutai.
Of the 41 cases on the cause list signed by the Rukungiri Assistant Registrar, HW Oliver Nantamu, sexual offences make up the highest number of cases to be handled. Aggravated Defilement has 14 cases while Rape has seven cases. The other cases to be tried include, Murder with 11 (one of the accused persons isa juvenile) and five cases of Aggravated Robbery. Four accused persons are facing more than one charge. Murder and Aggravated Robbery, Aggravated Trafficking with Defilement, Rape with Aggravated Robbery, and Aggravated Trafficking with Manslaughter.
The Principal Judge held a meeting with stakeholders, who included district leaders, religious leaders, judicial officers from the different courts under the Rukungiri High Court Circuit as well as other justice actors in the Criminal Justice System.
The Principal Judge explained that while the High Court usually sits in Rukungiri, it can hold sessions in lower courts when needed to bring its services closer to the people.
He highlighted the challenges the Judiciary faces, such as irregular criminal sessions due to limited funding and a shortage of judges. This, he said, has led to increased caseloads, case backlog, and complaints from inmates about delayed trials and long periods on remand.
Justice Zeija reassured the stakeholders that the Judiciary is working hard to address these issues. These included a recruitment plan to hire more judges and the promise by Government to increase the Judiciary budget.
The Principal Judge explained that each High Court circuit is guaranteed at least one criminal session per quarter. And that the Judiciary is also testing daily hearings at the High Court Criminal Division in Kampala to help clear the backlog of cases and reduce the time inmates spend on remand. He noted that the Judiciary is required by the Constitution to consider the people's needs in the administration of justice. "In June 2023, the judiciary launched the Alternative Justice Strategy (AJS), which aims to use African traditional methods for settling disputes. These methods are affordable, quick, and widely accepted," he said.
The Principal Judge encouraged those who know they are guilty to consider plea bargaining, a strategy the Judiciary has used since 2014 to reduce case backlog. "Plea bargaining offers many benefits, such as saving time for the accused, reducing court costs, increasing the efficiency of the justice system, and providing quicker resolutions for victims and their families. It can also lead to lesser charges or lighter sentences," he said.
Justice Zeija urged everyone to play their part in ensuring the session's success to ensure that justice is served fairly and promptly. He emphasized that the prosecution should make sure witnesses are summoned to testify, and court decisions should be delivered within the prescribed time with appropriate sentences for the crimes committed. He thanked all stakeholders for their cooperation and encouraged them to continue working as a team.
Justice Chemutai thanked all stakeholders for attending the launch of this session, the second since the establishment of the Rukungiri High Court Circuit.
He expressed his gratitude to the Principal Judge for his support and highlighted some of the challenges faced, such as difficult terrain that makes travel by foot necessary in some areas.
Justice Chemutai appealed to court users not to give money in exchange for favorable rulings. He also acknowledged the efforts of the Resident District Commissioner(RDC) and district leadership in promoting Mediation services as an Alternative Dispute Resolution mechanism, which has helped solve many disputes.
Stakeholders' Feedback
Mr. Ambrose Mwesigye, the Kanungu RDC assured the Principal Judge of the district leaders' full cooperation during the session. He commended the Judiciary for taking services closer to the people, which helps reduce crime in the community. He noted the need for a permanent Chief Magistrate at the Court.
Eng.Sam Kajojo, the LCV Chairperson, commended the Principal Judge for his effortsin taking justice closer to the people. He acknowledged the progress made inreducing case backlog through High Court sessions and noted that someimprovements are still needed for the court at Kihihi to function properly. Healso pointed out the problem of overcrowding in the prison in Kanungu and theneed to address this issue.
Mr. January Birungi, the Deputy Mayor of Kanungu Town Council, pledged continued support to the Court as it delivers its mandate.
Mr Mark Mwesigye, an advocate, thanked the judiciary for operationalizing Kihihi Magistrates Court. He requested that the court start handling criminal matters, as it is currently focused mainly on civil matters. He also asked for training for all stakeholders in Alternative Dispute Resolution (ADR) methods, which he believes are the best way to solve issues and reduce case backlogs.
Responses
The Principal Judge addressed some of the concerns raised, such as the full functioning of Kihihi Court. He explained that the Office of the Director of Public Prosecutions (DPP) is currently understaffed but expressed hope that the next budget would allow for more prosecutors on the ground.
Regarding the appointing a substantive Chief Magistrate, he promised that in the next recruitment, a Chief Magistrate would be stationed there. He reiterated the need for training stakeholders in ADR mechanisms. On the issue of overcrowded prisons, he emphasized the necessity for deliberate efforts to construct more prisons to accommodate the growing population.
HW Nantamu, who moderated the stakeholders' meeting, appealed for more resources to enable holding at least two criminal sessions per year.
Present was Chief Magistrate HW Edith Mary Mbabazi and HW Julius Mwesigye, the Principal Judge's Personal Assistant.
Posted 4th, September 2024
