(L-R) HW Nakibinge Latif Abubaker, Hon. Justice Dr Zeija (PJ) and Mr. Bigirimana (PSSJ) at the Bundibugyo Court
During the joint inspections of Fort Portal High Court Circuit by the Principal Judge, Hon.Justice Dr Flavian Zeija and the Permanent Secretary/Secretary to Judiciary, Mr Pius Bigirimana, covered Bundibugyo and Kibiito courts.
Accompanied by the Assistant Inspector of Courts/Public Relations Officer, HW Jamson Karemani, the team on Thursday (August 13,2020) started out at Bundibugyo and went on to cover Ntoroko, Kibiito and Rwimi courts.
Bundibugyo Court
HW Nakibinge Latif Abubaker, the Resident Magistrate Grade one welcomed the PJ, briefed him on the achievements and challenges of the court and then guided the team on a tour of the court's facilities.
The court has seven staff members. The visiting Chief Magistrate has 341 pending cases of which 28 are backlog while the Magistrate Grade One has 313 pending matters with 22 being backlogged. HW Nakibinge explained that most of the backlog are for matters that are pending locus visits.
Outlining the challenges of the court, HW Nakibinge said the court lacks process servers,which often disrupts court business. The court also lacks internet connectivity, has no library and is inadequately funded. There is a challenge of where to remand female suspects as the prison only has a male wing.
The PJ and PS/SJ commended the Magistrate for his comprehensive report and exemplary management of the court. The court premises are well kept,archives well arranged and the staff use an exhibit book to keep track of exhibits in their possession.
The next stopover was Ntoroko Chief Magisterial area, which is also care taken by the same judicial officer.
Rwebisengo Court
At Rwebisengo, the Court rents premises from the area town council, which provides a small chamber and a court hall that doubles as the town hall. The premises however do not have sanitary facilities.
According to HW Nakibinge, the court mostly handles civil matters whose disputes would fall under small claims and it has 37 pending cases. Due to lack of a resident state attorney, the court does not handle any criminal matters.
In his brief, he informed the PJ that the next council meeting would be deliberating on the landto be offered to the Judiciary for the construction of a court.
Ntoroko - Kanara Court
The court is a two-hour bumpy ride from Bundibugyo town. The court equally rents a court hall at the Town Council offices located on the shores of Lake Albert, at the Congo borders. They rely on solar power and sit twice a month. In addition, according to the magistrate, there are only 33 pending cases.
Karugutu Court
From Ntoroko, the PJvisited the Karugutu Magistrate's Court, which is housed at the Ntoroko District Headquarters.
Here the magistrate shares an office with the LC 5 Chairperson and the council hall doubles as the courtroom. The courts' make shift registry and archives unit is comprised of only two small file cabins perched in the court hall.
At Karugutu, Courts its every Friday yet it is not allocated operational funds. It has 208 pending cases.
Additionally, the lack of internet connection and disrupting political gatherings are some of the challenges affecting the court operations there. An office attendant to run the court supports HW Nakibinge. Occasionally, he gets volunteers to help with registration of cases.
On the sidelines of the visit, the PJ had a chat with the District Police Commander and the Officer in Charge of Criminal Investigations and Intelligence Department who also shared the challenges they encounter in the administration of justice. These included the lack of a Resident State Attorney to sanction files and inadequate prison facilities. He committed to engage both the DPP and the Commissioner General of Prisons on the matter.
On his part, the PS/SJ advised the Magistrate to look for alternative premises to conduct courtbusiness.
Kibito Magistrate GI Court
The Resident Magistrate Grade I, HW Mwesiga Dan and the Magistrate Grade two; HW Mulindwa Nathan welcomed PJ and SJ. The court whose jurisdiction covers 5 sub-counties sits in an old building allocated to it by Nyabugabo District local council leadership.
HW Mwesiga briefed the PJ with a status report and the challenges the court is facing. Among these is the fact that the court has no designated State Attorney which means that there no criminal trials proceeding. The court has 176 cases pending of which only 15 are backlog. Of these 131 cases are before the GI and 45 before the GII.
Lack of holding cells,furniture, space for archives and exhibits, electricity, water, internet connection, computers and other equipment are among the other issues the Magistrate shared.
The PJ urged the officer to lobby with the Local council leadership for land on which a court can be constructed. Additionally, PS/SJ also instructed the officer to urgently requisition for funds to construct a toilet, make some vital renovations to building and furnish the court with furniture.
Rwimi Magistrate Court
As the last stop of the day, the PJ and SJ proceeded to visit Rwimi Magistrate court, which is care, taken by HW Dan Mwesiga. The court operates in a rented commercial building.
The court does not have any staff deployed there and as such it is always closed, save for the days when the magistrate visits. One clerk serves both in Kibiito and Rwimi helping the Magistrate Grade One and Two.
HW Mwesiga explained that although the court has been in existence for more than 20 years, there are few cases registered because the court is often closed. This, he said, has affected the community's trust in the reliability of court.
Apart from the dilapidated building it operates in, the court has no furniture, not even a chair in the court hall. It is neither cemented nor plastered.
The PS/SJ in response advised that another building/ which is more befitting for court use, be identified and rented. He observed that the Judiciary has evidently been getting a raw deal when it comes to financing. Adding that he is grateful because the tours have given him a clearer picture of the staff working conditions and needs, which will help him in planning. He committed to source for as much funds for the Judiciary as possible.
The Judicial Officers called for the roll out of Small Claims Procedure in courts where the initiative has not been operationalized since most civil claims registered are below Shs 10million.
All the courts mentioned in this report are care taken by the Fort Portal Chief Magistrate, HW John Francis Kaggwa.
Posted 13th, August 2020
