From theplains in Mbarara to the hills of Kanungu and Kisoro, the Principal Judge, Hon.Justice Dr Flavian Zeija, has reachedevery Court established by the Judiciary in the greater Mbarara and Kabaleareas.
Kanungu CM Court
On hislast leg of inspections in the West, the PJ accompanied by the AssistantInspector of Courts and PRO, Jamson Karemani, took a two-hour bumpy ride fromKabale town to the hills of Kanungu where they were received by the KanunguMagistrate Grade One, Mukobi Asanasio. The Magistrate took him through adetailed report of the court’s performance and outlined a number of challengesfaced by the court.
TheCourt, which is supported by four support staff, has a total of 573 matterspending before the Magistrate Grade One. Of which 313 are criminal in nature.
HWMukobi pointed out that the court lacks enough staff and does not have enoughreference materials. Although there is a solar system at the court, it isineffective as it keeps breakdown. In terms of juvenile justice, the nearestremand home is in Kabale which is far from the magisterial area, andtransporting them is a challenge.
As a wayof managing congestion at the prison, he reported that a plea bargain sessionhad been organized where so far, 65 accused persons have expressed interest.
In termsof access to Court, HW Mukobi said there was a challenge of access to Courtespecially by litigants in far off sub-counties such as Kihihi, Rutenga andRugyeyo among others. On why the people from Kihihi are not served from there,it was reported that the court currently only handles civil matters.
Duringthe inspections, it was noted that the Court was in need of repairs. The paintis peeling on most of the walls and the surrounding walls have developed hugecracks.
To servethe public, all registration is done through a window. As a best practice, theMagistrate was encouraged to ensure that the court diary indicates names ofparties as well as their case numbers. HW Mukobi was commended for ensuringthat all fixed cases are within a month. The court had an exhibit register toindicate what is in the store. There is no internet connectivity and as such only,a manual register is kept.
In thearchives room, there are five shelves with one dedicated for Kihihi files andthe rest for Kanungu. The Magistrate was encouraged to organize chronologicallyaccording to their years of completion to allow easy retrieval.
To bestunderstand the set-up of Kihihi court and its facilities, the PJ took another 45-minutedrive to Kihihi town.
Kihihi Magistrate's Court
Althoughthe town council has offered land for the construction of a justice center, theCourt is still housed by the town council. The Court, which was previouslyGrade II Court, started operating as a Magistrate Grade One court in 2018. Itoperates in a small room that acts as the magistrate's chamber, registry, andstore, among others.
Courtsessions are held in the Town Council Hall only on Wednesdays. The lone staffat the Court is a clerk who assumes all the other duties to ensure that theCourt remains operational.
Thecomputer and files in the room are the only property Judiciary owns. The restof the furniture belongs to the town council. During the inspection, the PJ wasinformed that the state attorney who had been posted to the town was recalledbecause of lack of transport and office space.
The PJmet the Town Council Engineer and another official and thanked them for theirgenerosity toward Judiciary. He was thereafter taken to Ndeeba Cell, KihihiTown Ward, Kihihi Town Council to inspect the land donated for the constructionof court premises, office of the Resident State Attorney and Police.
Rukungiri CM Court
FromKihihi, the PJ took another two-hour drive to Rukungiri CM Court where CMHussein Ntalo, Magistrates Grade One, Ngamije Mbale Faishal and NamukasaHamidah welcomed him.
In hisdetailed report, HW Ntalo reported that between October and June, the Court hadcollected revenue amount to Shs36, 486,300. He reported that the Court had 1,482pending matters.
Addingthat although the magisterial covers has nine courts, Buyanja, Kebisoni,Bungagari, Bwambara and Ruhinda are not operational. Among the challenges notedwas non-payment of additional guards given to the CM as well as inadequatestaff. Further, because of Covid-19, access to court by litigants has provedhard since many use boda boda to access Court.
Few ODPPstaff that have made it hard for courts such as Kihihi and Nyarushanje handlingcriminal matters. HW Ntalo said it was important for the land allocated for theconstruction of a High Court to be developed. On the issue of transport, heshared that his vehicle had worn out, a reason it is always in the garage.
The CMrequested for alternative power back up system due to intermittent powersupply. Additionally, the CCAS system needed an overhaul and as such, the Courtrelies on manual registers alone. The court does not have a photocopier and anywork that requires printing and internet usage is done at commercial internetcafes.
Duringinspection of the court premises, the Judicial Officers were encouraged to takeinterest in exhibit stores, which are usually neglected. As a best practice, itwas recommended, that the store be annually cleaned up and a stocktakingexercise carried out. The PJ tipped the CM and his team on best record keepingpractices in both the registry and archives to improve retrieval of files.
Nyarushanje
The lastcourt to be inspected was Nyarushanje Magistrates Court. The court is housed inan old dilapidated structure. The furniture supplied by the Judiciary for thecourt is being used by the sub-county since there is nowhere to keep it. The PJwas taken on tour of the land allocated for construction of court premises. ThePJ was informed that the Rukungiri Mayor had given the court some paint to givethe structure a new coat.
In allthe areas reached, the Officers commended the PJ's efforts in reaching all thecourts under his supervision wherever they are located.
Posted 16th, July 2020
