Chief Justice’s promises inside

Issue 08 | Special Edition - 2017

Judiciary gets brand identity

State function: VP, PS Kagole Kivumbi’s Full list of newly Speaker grace New first100 days as gazetted Magisterial Law Year 2017 Secretary to Judiciary Courts inside President Museveni opens 19th AJC

The deal: 19th Annual Judges Conference Where: Commonwealth Resort When: Thursday 26th January – Sunday 29th, 2017

Who attended? President Yoweri Museveni, Chief Justice, President of Guyana Courts, all judges, Prof. Hugh Minister of Justice and Constitutional Affairs, Prof. Hugh Corder

The Conference which ran under the theme: “The Judiciary as the Guarantor of the Rule of Law” doubled as the launch of Judiciary’s Brand Identity as well as the Criminal Bench Book. The Criminal Bench Book is a handbook for very quick and easy reference in the process of handling criminal cases.

The three-day conference was a platform for judicial officers to take stock of the courts’ perfor- mance of the previous year as well as to discuss contemporary issues affecting justice. Contents

Reforms, here we come

e are pleased to bring to you the Judiciary Insider Issue 8, a special edition packaged with special information you may INSIDE... need to keep closer to you for most of 2017. W 2 | State function: VP, Speaker grace New Law Year 2017 In this issue, you will find highlights and momentous images from the 4 | Chief Justice’s New Law Year 2017 speech 19th Annual Judges Conference, a special Judiciary event, which was 12 | Principal Judge spearheads Plea Bargaining review exercise this time around held on a weekend at the Speke Resort Munyonyo in between January 27 and 29, 2017. Its opening ceremony 14 | PS Kagole Kivumbi’s first 100 days in the Judiciary was graced by President Yoweri Museveni. The president also launched 16 | Judiciary events in th e first quarter of 2017 the Criminal Bench Book, a product from the retired Supreme Court’s 18 |Judiciary’s brand identity Justice Wilson Tsekooko’s Bench Book Committee; and Judiciary’s long awaited Brand Identity. 20 | Executive interfering with Judiciary independence - Report 22 | New JSC Members start work The brand identity is one of the key deliverables from the Judiciary 23 | Hon. Justice Simon Mugenyi Byabakama New EC Chairman Editorial Board under the leadership of High Court’s Lady Justice Lyd- ia Mugambe-Ssali. It is particularly important for because, for the first 24 | Uganda nominates Justice Bossa for ICC judgeship time, the institution will have a unifying identity and platform for both 25 | Magisterial Areas increased from 38 to 82 internal and external communication. The brand identity will inspire the Judiciary staff to meet the expectations of the general public, get the public to reappraise the Judiciary and also boost Judiciary’s public visi- EDITORIAL TEAM bility and public awareness initiatives. Solomon Muyita Editor But most importantly, Issue 8 brings you the highlights of the January Sheila Wamboga Editorial Coordination 30, 2017 opening of the New Law Year event, which was equally held Peter Mugeni Design & Layout at the Kampala High Court grounds in a special way. Unlike before, the Deo Akugizibwe Photography three arms of the state were ably represented at this event and the at- tendance by members of Bench and the Bar, as well as the public was Editorial Board quite encouraging. Management also organised enough food to feed Judge, High Court (Chair) the multitudes of staff and visitors at the event. The Insider brings you Lady Justice Lydia Mugambe-Ssali Paul Gadenya Chief Registrar (Member) the Hon. Chief Justice New Law Year’s promises in full and all the im- Kagole Expedito Kivumbi Secretary to the Judiciary (Member) portant moments at the event. Eliasa Omar Kisawuzi Registrar Research & Training (Member) Solomon Muyita Senior Comms Officer(Secretary) We have also featured the first 100 days of the new Permanent Secre- Jane Mugala, Elizabeth Akullo Law Reporting Officers (Members) tary/Secretary to the Judiciary, Mr. Kagole E. Kivumbi. He took office on November 15, but already there are key reforms and the Insider walks Publisher

you through his performance so far. Jofra House Plot 23 Mumia Road Bugolobi Kataza Close P.O.Box 11164, Kampala Uganda Tel: +256 393 800675 We hope you enjoy reading Issue 8 till early April 2017 when we publish [email protected] the next Issue of the Insider! PETTY CASH VOUCHER No: The Judiciary Insider is a product of the Quantity Description Amount Solomon Muyita, Judiciary Editorial Board. Editor/Senior Communications Officer, Judiciary Email: [email protected]

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The Chief Justice welcomes the Vice President, Hon. Edward Kiwanuka Ssekandi to the New Law Year ceremony. Looking on is the Speaker of Parliament, Hon. Rebecca Kadaga. State function: VP, Speaker grace opening of the New Law Year 2017 Celebrations to mark this year’s opening of the New Law Year, for the first time in many years, attracted the heads of the three arms of the State.

he Vice President, Hon. Edward Kiwa- New Law Year will be handled as a State court under the pretext of charging them nuka Ssekandi of the Executive arm function, with all the three arms of govern- with additional cases, saying it is a sign that of the State, presided over the event; ment being represented,” declared the Chief the police and other security agencies are Twhereas the Speaker, Hon. Rebecca Kada- Justice Bart Katureebe. not obeying court orders, adding that it is a ga, Deputy Speaker, Hon. Jacob Oulanyah, sign that state agencies do not uphold rule appeared for Parliament; and the host, the Justice Katureebe called upon the govern- of law. “…this is a sad reminder that more still Chief Justice, Hon. Bart M. Katureebe for the ment to consider increasing the budget of needs to be done to instill the rule of law in Judiciary. the Judiciary so as to have more criminal ses- the institution charged with keeping law and sions and tackle case backlog saying failure order. I call upon the Uganda Police Force to For the very first time, the Judiciary admin- will impact on the citizens especially those refrain from flagrant abuse of the law,” said istration organised a luncheon for all invited who have spent many years on remand in the Chief Justice VIPs, staff members, members of the Ugan- prison without their cases being heard in a da Law Society (lawyers) and other invited long time. The Chief Justice called for the fast-track- guests. ing of the proposal to hire retired judges He also castigated the Uganda Police Force to boost the few judges available. He also “From today onwards, the opening of the arrest of suspects in the precincts of the proposed that government could consider

2 THE JUDICIARY INSIDER | Special Edition - 2017 New Law Year, 2017

appointing retired judges to head various as Plea Bargaining, Sentencing Guidelines, commissions and leave the existing judges to among others, aimed at tackling the “mon- do judicial work. ster of case backlog”. From today onwards, the In a speech the Vice President, Hon. Ssekan- opening of the New Law Year Mr. Gimara also decried of underfunding of di, read on behalf of President Museveni, will be handled as a State the Judiciary despite being the third arm of indicated that there were efforts to upgrade function, with all the three government, and warned that if the under- the status of the Judiciary to equal terms arms of government being funding continues, then the citizens will get with the other two arms of the state – the represented. a raw deal in return for justice. Executive and the Legislature. Chief Justice Bart Katureebe In response to the ULS President’s concern, He said the Government is however, con- the Justice and Constitutional Affairs Minis- cerned about the increasing reports of cor- ter, Kahinda Otafiire, said the government ruption in the courts as well as congestion in funding capacity was at its lowest. He was the Prisons, which he said has now increased Hon. Kadaga said Parliament had earlier on however, quick to add that remuneration from 26.9 per cent to 45 per cent. passed a resolution to increase the number for the judges had been increased for se- of High Court judges from 50 to 82. “All that nior leadership, and would gradually be in- The President also complained about the in- is required is for someone to come and pick creased for the other cadres in due course. creasing unprofessional conduct of lawyers – up the resolution for implementation,” she called upon the Uganda Law Society ensure said. Maj. Gen. (Rtd) Otafiire promised to table that lawyers offer more legal aid services to the long awaited Administration of the Judi- the citizenry, and the errant characters are She also said she would soon discuss with ciary Bill before Parliament within February, weeded out. Among other things, he prom- the Parliament Rules Committee the option 2017. ised to support the planned decentralization of having to vet presidential appointees in of the Court of Appeal, Commercial Court the open, as many people have been de- The Attorney General, Hon. Mr. William and the Anti Corruption Court. manding, a matter she said she has no big Byaruhanga, the head of the Bar, equally issue with once she gets a nod from her col- stressed the need to tackle the elephant of Speaker Kadaga said she has been waiting leagues. corruption in the Judiciary – a call which had since she was deputy speaker for the presen- earlier on been emphasised by His Eminence tation of the Administration of the Judiciary The President Uganda Law Society (ULS), the Archbishop of Kampala Archdiocese, Cy- Bill – she promised to quickly handle the Bill Mr. Francis Gimara, thanked the Judiciary prian Kizito Lwanga, while leading the open- once tabled before Parliament. for coming up with new innovations such ing prayers.

The Chief Justice, Principal Judge and other invited guests after the opening of the New Law Year ceremony at the High Court.

Special Edition - 2017 |THE JUDICIARY INSIDER 3 New Law Year, 2017 Chief Justice’s New Law Year 2017 speech

This is a departure from the previous occasions where, the Chief Justice has presided over the functions. Today and in the future, the Law Year will be celebrated as a State function, where the three arms of the State will be represented to mark the unity and diversity of the State.

Progress on 2016 commitments n 2016, I committed to strengthen the Ju- diciary through a five point programme. I pledged to strengthen integrity; innovate Ithe administration of justice; institutionalize a culture of accountability; improve remu- neration and terms and conditions of Judi- ciary staff; promote public and stakeholder engagement as well as maintaining good relations between the arms of the state, to turn around the Judiciary.

At an operational level, we committed our- selves to reform the law; enhance the use of Alternative Dispute Resolution (ADR) ; in- troduce electronic filing; use mobile money to pay court fees; continuous professional training of Judiciary staff; strengthen the in- spectorate; fight case backlog, by increasing access points for the administration of Jus- tice; the number of court sessions; and have continuous sitting of the Court of Appeal. We also pledged to re-engineer business processes of the Judiciary and promote uni- formity and consistency in sentencing. • At the level of court performance, • With regard to reform of the law, I con- I am happy to report, that we registered we reduced pending cases by 20% and stituted a committee chaired by the Hon. progress on many of the commitments that increased the clearance rate for cases to Justice JWN Tsekooko (Rtd JSC) to make we set out following the introduction of 125%, all resulting into a significant drop proposals for reforming procedural and many reforms, hard work and support we in case backlog. The High Court disposed substantive laws. The Committee will soon received from JLOS partners, Development of 2010 cases through plea bargaining the submit its recommendations for consider- partners; the public and Government. period January to December 2016. ation by the Rules Committee and respon- sible government agencies. • As a result of our interventions, Ugan- • In terms of physical access, 53.7% da’s index of judicial independence im- of the population have access to a court • Alternative Dispute Resolution (ADR) proved from 2.8 to 3.41 on a scale of 5. within 5Kms while 95% of the people can has been rolled out through countrywide Uganda was ranked 1st in accessibility to access court within a radius of 20KMs. 13% sensitization and posting of mediators at civil justice in East Africa and th9 in Africa. of Magistrates have access to official trans- the courts. The success rate for cases that go Uganda, was also ranked 12th in Africa in port; 11% of the courts have access to court through ADR is 55%. I want to commend the the effectiveness of criminal investigation, recording and transcription services; and Court of Appeal, for resolving 100 Appeals prosecution and correctional services. we have 45% computer coverage across through appellate mediation. I must appre- the Judiciary. ciate the support of our friends in the USA,

4 THE JUDICIARY INSIDER | Special Edition - 2017 New Law Year, 2017 particularly Pepperdine University and Jus- • The Judiciary installed CCTV Cameras 115,809 cases. 137,814 cases were regis- tice Clifford Wallace, who have assisted us in the 7 registries of the High Court – Civil, tered. The courts disposed of 121,820 cas- in mediation training. Judge Timothy Tower, Anti-Corruption, Criminal, Execution, -Fam es and left 131,803 cases pending. Cases Rtd Judge from San Diego California USA is ily and the Commercial Court, the Chief pending should not be confused with back- training Judicial Officers and advocates on Magistrates Courts of Entebbe, , log cases. Backlog cases refer to cases that mediation at the level of a trial court and the Nabweru, , Buganda Road Mengo have stayed in the system for more than two appellate level, to institutionalize ADR. and LDC Courts to monitor court registries years. Pending cases include all those in the and operations with the view to improving system at the time of reporting. • With financial and technical support service delivery and curtailing corruption. from Strengthening Uganda’s Anti- Corrup- 2016 Financial Performance tion Response Technical Advisory Facility • The mobile money interface for pay- In 2016/17, the Judiciary received Shs116.55 (SUGAR TAF) Programme, the Judiciary will ment of court fees and deposits has been billion for recurrent and capital expenditure. in the course of this year understudy the completed by URA and soon, will enable This compares favorably well to Shs93.2 Bil- existing case management system and pilot payment of court fees and bail deposits lion received in 2015/16; 83.06 billion for a new case management system in the An- through mobile money platforms thus en- 2014/15; and 84.493 for 2013/14. How- ti-Corruption Division of the High Court, the hance value for money, save time and elim- ever, the Judiciary’s budget for 2017/2018 results will inform a roll out to other courts inate loss of funds. Financial Year, has been cut by Shs6.8 Bil- in the country. lion, despite expansion of the structure and • The Judiciary has 429 gazetted courts commitments by Government to automate • We have increased judicial access but only 200 of these are operational. With courts, construct more court houses and in- points to deepen access to justice and im- the support of development partners, the stitutional houses, increase the operational prove the administration of justice in Ugan- Judiciary constructed a Justice Centre at expenses and pay emoluments to the in- da. In this regard under The Judicature Kiruhura, the Family Division of the High creased number of Judicial Officers and staff. (Designation of High Court Circuits)- In Court at Makindye and a Magistrate Grade I am therefore calling upon government to strument No. 55/2016, we increased High I Court at Bukwo. restore and better still, increase the Judiciary Court circuits from 12 to 20 with the new budget to meet its needs. I call upon Gov- ones being Mukono, Mpigi, Luwero, Igan- • Contracts were awarded for the con- ernment to weigh very carefully what such ga, Moroto, Tororo, Hoima and Rukungiri; struction of Justice Centers at Buyende and cuts mean for the administration of justice Mubende, Mpigi and Mukono High Court Mitooma. The Justice Centers will be com- to the people of Uganda, and the impact this circuits are now fully operational. Magiste- pleted this year. has on other aspects such as attraction of rial Areas were increased from 38 to 81 to investment. bring services to the people. • Construction of Justice Centers at Nwoya and Limo is on course. The High Relations between the three Arms • Today it is important to acknowledge Court in Masindi has just taken off. I actually of the State in 2016 that the advent of information technology visited the site last week and saw materials The Judiciary has enjoyed a cordial and con- is fundamentally changing the way people already on site. structive working relationship with the Leg- work and interact. ICT is being adopted in islature and Executive. We are grateful for all aspects of society to facilitate online ser- • The Judiciary headquarters, the Su- the resources and facilities that Government vice delivery. preme Court, Court of Appeal and the High and Parliament is so far providing to the Ju- Court are to be constructed through the diciary. I am particularly grateful to the Exec- • In this regard, child witness and victim Public Private Partnership model. We are utive and Parliament for giving the Judiciary protection systems were installed at the almost reaching financial closure before an additional Shs20 billion this financial year main High Court and in its circuits in Mbale, the government contracts the investor to for court operations and enhancement of Fort Portal,Mbarara, Arua and Gulu. The start construction. Construction will take the allowances for Judiciary staff. I thank the rest of the High Courts will be covered in two years. Chairperson and members of the Parliamen- the coming years. The Rules Committee tary Budget Committee for saving this Shs20 issued the Judicature (Visual-Audio Link) Judiciary Performance in 2016 billion, which had been cut during the ratio- Rules SI No. 26/2016 to make provision for The principal business of the Judiciary is to nalisation of the budget. the taking of evidence by use of audio visual administer justice through the timely, effi- means. cient, effective and fair disposal of cases. In I am confident that the three arms of the 2016, the Judiciary entered the year with State shall continue to work well through

Special Edition - 2017 |THE JUDICIARY INSIDER 5 New Law Year, 2017

dialogue and engagement. We shall con- unnecessary adjournments. Where a lawyer has given the Anti-Corruption Division of the tinue to strengthen our relations through holds a brief for another, the brief must in- High Court, and for the earmarked support collective identification of solutions tothe clude readiness to proceed. Too many cases towards building an e-justice system and challenges facing Uganda. At an institution- are adjourned because either the lawyer or strengthening the Inspectorate of Courts. al level, we shall ensure value for money the parties have not turned up. This will not for public resources because good budget be tolerated. International collaboration outcomes occur when the other branches In 2016, we continued to work closely with of government and public have confidence Cooperation with Development the University of Pepperdine to extend the and trust in the judicial branch. But we must Partners plea bargaining programme, strength the always bear in mind that this dialogue and We have enjoyed two decades of cooper- research capacity of the courts through engagement must never result in the undue ation and support with Denmark through externship, strengthen ADR through de- interference in the work of each branch – Danida. Denmark has built most of the ployment of Norte bar fellows at the Fami- particularly the Judiciary. This must be and courts in Uganda, trained hundreds of judi- ly Division for a period of one year. 12 stu- must remain principled engagement on is- cial officers, and supported capacity building dents were attached to Judges in Kampala sues. of the Judiciary including ICT and the Inspec- and one in Mbale. In June 2016, a series of torate of Court. Denmark has also provided trainings were conducted by trainers from Relations with the Bar transport and resources to introduce per- the Pepperdine Straus Institute of Dispute Lord Alexander of the Weedons’ Bar Stan- formance management and case backlog Resolution. 140 participants were trained, dards, says: “the touchstone for the sur- reduction activities, which has left a conspic- including Justices of the Supreme Court and vival and success of the bar will be its ex- uous footprint of the rule of law in Uganda. Court of Appeal, Judges of the High Court, cellence”. This statement applies equally to Magistrates and advocates. Justice Timothy the Uganda Law Society, which recently cele- Denmark is however leaving us to go into Tower, who came under this arrangement, is brated 60 years of faithful service to Uganda other areas that need more urgent sup- actively working with the Head of the Com- under the theme ‘’Rekindling ethical legal port. I would like on behalf of the Judiciary, mercial Court, Judiciary Technical Advisor practice’’, I am told that the members of the and my own behalf, to thank Denmark for and the Judicial Studies Institute to develop bar committed themselves to ethical legal the support it extended to Uganda and the training in ADR and appellate mediation. practice and I congratulate them for that many achievements we registered. As your The trainings are scheduled to commence in step because the Bar like the courts, is under partners, we shall continue to value the ide- February to end of March this year and will pressure to rein in on its errant members. als of creating a fair and egalitarian society cover both the bar and the bench. that Denmark values so dearly. I encourage the Bar to intensify efforts to In addition Pepperdine University conducted raise professional standards and integrity of Secondly, I would like to acknowledge JLOS hands on training for judicial officers, prisons its members, through training, mentoring, Development Partners for their continued warders, paralegals, probation officers, pros- discipline and peer review mechanisms. support to the Judiciary. We appreciate your ecutors and Advocates on plea bargaining I invite members of the Bar, to join the Ju- support and look forward to deepening our in Fortportal, Mbarara and Bushenyi. The diciary in eradicating case backlog through relationship with results and compliance University of Pepperdine has also this year rigorous preparation and presentation of with the law. offered to conduct a monitoring and eval- cases in court. The Court is short on time uation of the exercise in the same places and the Bar should take center stage in sav- I am grateful to UNICEF for promoting child in June 2017 and also conduct conferences ing judicial time and resources to maximize justice, which had taken a back seat. Chil- on plea bargaining, women in leadership, efficiency. As advised by Lord Bingham, “a dren and the youth constitute about 62% anti-human trafficking and sending more good advocate should not ask a question of the country and it is important that the interns to be attached to our courts for 10 too many. Not a question too few. Every administration of justice is tailored to meet weeks. question pertinent, well thought out, and their needs. With UNICEF support we have clear. Questions firmly and politely put, capacitated magistrates and High Court to Judiciary challenges in 2016 with no hint of intimidation or condescen- handle child justice cases Despite the successes we registered in 2016, sion. Argument succinctly and cogently the Judiciary faced the following challenges put”. I should also hasten to add, that a good I am equally grateful to DFID, through the in administering justice expeditiously. advocate should put justice first before oth- Strengthening Uganda’s Anti- Corruption ers. Courts are better advised not to grant Response (SUGAR) Project for the support it Delay of cases: The rate of Case disposal

6 THE JUDICIARY INSIDER | Special Edition - 2017 New Law Year, 2017

in 2016 was slightly below last year. Notable the Hiil report, the Judiciary remained mar- continued to vet court orders for execution delays were registered in land and civil cases ginal to the administration of justice with and in most cases acting as an appellate which had a lead time of four years. In the only 5% of people with a justice need are court and adding to the cost of litigation Court of Appeal, more than 2,000 criminal able to access the courts. We should, there- through charging illegal fees and administra- appeals could not be heard due to lack of fore, simplify the legal system and establish tive costs of clearing warrants. The actions of records from the High Court. All efforts are a legal aid regime for the indigent to absorb the Uganda Police Force are an unwarranted being made to trace these files and I am told 95% of Ugandans, who use the informal sec- direct affront on the independence of the Ju- a good number have already been traced. tor. In the alternative, we should streamline diciary, which is protected under Article 128 Constitutional Petitions, took a nose dive as the informal justice system by recognizing of the Constitution. Furthermore, the recent the Court concentrated on Election Appeals their decisions and infusing human rights rearrests of suspects in the precincts of the and reorganization of its business process standards in them to ease the pressure on court, yet again by the Uganda Police Force, and registry. In Magistrates courts, there the courts. This is where the Local Council under the pretext of charging suspects with were remarkable delays in the adjudication Courts should be strengthened to support additional cases is a sad reminder that more of land cases, with only less than 10% of the the formal judicial system. still needs to be done to instill the rule of cases disposed of. Magistrates did not have law in the institution charged with keeping transport facilities to visit locus in quo and High pretrial remand and conges- law and order. I call upon the Uganda Police poor case management. tion in the Prison: The prison popula- Force to refrain from flagrant abuse of the tion has increased from 30,000 three years law. As observed by H.E The President last Limited Infrastructure: Only 202 of the ago to 52,000 inmates per day and conges- week at the opening of the Annual Judges 310 courts in Uganda are housed in either tion has increased from 192% to 269%. The Conference, there is more need for training Judiciary owned building or rented premises, ratio of convicts to remands remains high at of the Police in these matters. We hope this leaving one third of the courts as squatters 51:49 below the international best practice will be followed up and there must be no re- in Local Administration Buildings, which are of 55:45. The need for more court sessions, peat of such incidents. also used by the authorities for their meet- Plea bargains, cannot be over emphasised. ings. The Court of Appeal for most of the We simply must have more Judges of the Delays to recruit Judicial Officers: year, was not able to find suitable office ac- High Court appointed. The delay to increase and recruit addition- commodation for two justices and sufficient al judicial officers impacted on the perfor- space for registries. New High Court circuits Corruption: The presence of real and mance of the Judiciary. The Supreme Court of Iganga, Tororo, Rukungiri, Moroto and Lu- perceived corruption in the administration had two vacancies, the Court of Appeal one wero could not take off due to absence of of justice at various court levels continued vacancy, and the High Court two vacancies. suitable court premises to house the courts. to undermine the due process and equal On the lower bench, there are six vacancies The same fate is expected to confront the protection of the law. According to the In- for Registrars, and 15 vacancies for the other expanded Magisterial Areas, in 2017, if new spectorate of Courts most of the complaints judicial officers. The delay by Parliament to courts are not built or rented. This is where against judicial officers related to corrup- pass a resolution increasing High Court Judg- the Executive and Legislature must come in. tion, bias, improper conduct of court pro- es from 51 to 82, hampered the Judiciary’s Demands are made for Magistrates. They ceedings, loss of judicial records and delays efforts to deal with case backlog. are appointed, only to be told there are no to dispose of cases, which are indicative of funds to facilitate them do their work. underhand methods in the administration of Underfunding: The Judiciary had a bud- justice and corruption. As an institution, we get deficit of Shs162 billion to finance re- Limited access to justice: The Hiil re- have taken a zero tolerance policy towards current and capital items to run the courts. port and JLOS reports indicated the Judicia- corruption through the robust application Court operations where the Judiciary pays ry for not being accessible to the majority of the Judiciary’s Anti-Corruption Strategy, for criminal sessions in the Chief Magis- of the public due to physical and functional which emphasizes early detection of corrup- trates, High Court, Court of Appeal and the constraints. The poor and vulnerable espe- tion, investigation, prosecution and punish- Supreme Court were most affected. For cially those with land and family cases, were ment of the corrupt. example the High Court had planned to unable to access courts due to absence of a hold 104 criminal sessions but due to limit- credible legal aid regime, unfair procedural Interference in the administration ed funds, they held 60 sessions. The Court process, poor case management, corruption of justice: Over the last year, we had in- of Appeal which had planned to hold four and inefficiencies that resulted in protracted creased cases of interference in the admin- sessions upcountry to decongest prisons, trials and high cost of litigation. According to istration of justice. The Uganda Police Force, could only hold two sessions. Chief Magis-

Special Edition - 2017 |THE JUDICIARY INSIDER 7 New Law Year, 2017 trates, could barely hold criminal sessions Increasing the efficiency of the Elimination of Case Backlog: Upon for life imprisonment cases, with 1,000,000 courts: There is no doubt that the rate of my appointment, I committed to finding a /= per month to pay witnesses, service of litigation and enforcement of the law is in- solution to the problem of case backlog. But court processes and state brief. Land cases creasing faster than the courts can process it was necessary to establish the extent of suffered severely, because Magistrates could the cases. The increase in the workload of the problem. We had a Committee headed not visit locus in quo. the court and our urgent desire to clear for by Justice Dr. Henry Adonyo which dug into case backlog calls for interventions to speed the problem and gave us a report detailing Planned Interventions in 2017 up disposal of cases in a just and fair manner. exactly how many cases were in the backlog Implementation of the 4TH Strate- To achieve this objectives, we shall imple- category and in which court they are. That gic Investment Plan: The Judiciary will ment the following measures to increase the formed the basis for planning on how to soon launch its fourth strategic investment throughput of the courts. solve the problem. I then appointed another plan whose overall goal is to have an excel- Committee headed by Justice Richard Butera lent Judiciary that delivers justice for all. Our Appointment of acting Justices and Judges: to study the earlier report and recommend mission is to administer justice to all people We shall prioritize recruitment of 100 Mag- solutions to the problem. This Committee is in Uganda in an independent, impartial, ac- istrates Grade I, 10 Senior Magistrates Grade due to present its report next month. Armed countable, efficient and effective manner. I, 10 Principal Magistrates Grade I, 32 Chief with these two carefully compiled reports, Magistrates, 10 Assistant Registrars, 14 Dep- we shall then embark on the journey to look The transformation of the Judiciary will be uty Registrars, 6 Registrars, 14 High Court for resources, human and financial, to deal guided by four strategic objectives name- Judges, and have full complement for the with case backlog. The target is not to re- ly: Rehabilitation of judicial infrastructure, Court of Appeal and the Supreme Court. duce it but to eliminate it altogether. strengthening information communication technology; strengthening the legal and reg- Even if appointed, these justices and judges Piloting Performance Manage- ulatory process for the Judiciary and building are going to be a drop in the ocean in view of ment : Last year, I informed the country the institutional and human resource capac- the high case load and backlog. I will there- that we were developing a tool to institu- ity of the Judiciary. At the end of the plan, fore petition H.E The President and the Ju- tionalize performance management in the we hope to increase public confidence in the dicial Service Commission to appoint acting Judiciary. The tool is ready for piloting in the Judiciary from 45% to 65% and to enhance judges under article 142 (2) (c) of the Con- Supreme Court, Court of Appeal, the High the adjudication of cases. This plan is to be stitution, on short term contracts to help us Court and selected Magistrates Courts. incorporated into the National Development clear backlog. For emphasis, Plan. The performance tool that we are going to Article 142 (2) (c) provides that ….Where implement will assist us in sound planning, The plan is ambitious both in commitments the Chief Justice advises the Judicial Service monitoring of the performance of the judi- and cost. The plan will cost Shs920 billion Commission that the state of business in the ciary, increasing the capacity of the courts over the next four years with annual require- Supreme Court, Court of Appeal or the High and ensuring that we meet the needs of the ments of Shs230 billion, which is less than Court so requires the President may, acting people. Our ultimate objective is establish 50% of the current budget of the Judiciary. on the advice of the Judicial Service Commis- world class Judiciary that is accessible, effi- Our immediate challenge is to mobilise re- sion, appoint a person qualified for appoint- cient, transparent, independent and profes- sources from Government and Develop- ment as a justice of the Supreme Court or a sional in discharging its functions. ment Partners to fund the ambitious plan. justice of Appeal or a judge of the High Court to act as such justice or judge even though The performance enhancement system is Today it is accepted that Courts play an ac- that person has attained the age prescribed IT based and therefore, requires a robust tive role in governing a nation, beyond re- for retirement in respect of that office. case management system to work effec- solving disputes. It is submitted that justice is tively. Your Excellency, the Judiciary last the purpose of government and that there- I shall also propose that whenever judges year launched its ICT strategy for the next fore funding the administration of justice is are given other assignments that take them five years to automate the Judiciary. The the obligation of a state. I therefore urge and away from the bench, suitable replacement ICT strategy requires Shs42 billion over five request the Government to fund the 4th Stra- should be appointed in an acting capacity so years. Government has been supportive tegic Investment Plan of the Judiciary, which that the work of the court does not stall. I do (albeit in words) in encouraging the Judi- has an impact on the achievement of the not expect to be told that there is no money ciary to automate. However, no budgetary National Development Plan II. for them. provision has been made for implementing the Strategy. I call upon the Government to

8 THE JUDICIARY INSIDER | Special Edition - 2017 New Law Year, 2017 fund the Judiciary’s ICT strategy not for the corruption, that we shall protect and assist Reform of the Law and business sake of having ICT systems in the Judiciary, them to report cases against Judiciary staff at processes: As I informed you, I appointed but to improve Uganda’s competitiveness the various points in the country and that no a Committee chaired by Justice Tsekooko to do business, which is critical to the trans- stone, however, high or low, will be spared (JSC retired) to make proposals for reform- formation of Uganda into a middle income until the Judiciary is free from this cancer. ing laws that were impacting negatively on and even a first class country. TheDoing “ the administration of justice causing unnec- Business Index” rated Uganda poorly in at- I appeal to members of the Uganda Law essary delay. The objective of the Civil Justice tracting foreign and domestic investment Society as well as members of the Public to Reforms are among others, to maximize cost among others for lacking a robust case man- desist from offering bribes to judicial officers effectiveness, expeditious disposal of cases, agement system and delays in adjudication and staff. Bribes undermine the administra- reasonable proportionality between econo- and enforcement of decisions. We therefore tion of justice, as decisions arrived at through my, fairness between the parties, facilitation have an opportunity to hit two birds with corrupt methods erode legitimacy of the of settlement of disputes and proper use of one stone. Namely that ICT will improve courts and lawyers and instead perpetuate scarce resources for the courts (human and the efficiency of the courts and that for conflicts in society. It is therefore in the inter- financial and otherwise). the country at large. ICT in the Judiciary will est of justice that the Bar must take center boost Uganda’s business competitive to -at stage in fighting corruption and holding the The Committee has made wide ranging tract FDI, which is critical to the transforma- Bench to the highest professional standards proposals to reform the Trial on Indictment tion of Uganda. Things like lost files, paper of propriety and integrity. Campaigns such Act, the Magistrates Courts Act, the Civil Pro- files on the floor because of lack of funds to as “Bell the Cat” must be carried out with cedure Act and Rules to introduce Skelton buy cabinets, should be a thing of the past. vigour. Recognition of the best performing arguments, limit interim applications, limit judicial officers, should be rolled out to in- interlocutory appeals, and concentrate on I want to acknowledge so far the support spire and retain judicial officers of integrity hearing of the main cases. I am also consid- that UNDP and SUGAR has promised to give on the bench while at the same time, kicking ering a proposal to limit influx of appeals to the Judiciary to automate. The UNDP has out the rotten apples. maximize judges’ time and resources of the earmarked one million dollars towards au- court. tomating the courts and DFID, through the Internally, I have established the Inspec- SUGAR project, has earmarked five hundred torate of Courts primarily to deal with cor- We shall simplify the current system of thousand dollars to develop a case manage- ruption. We shall continue to strengthen the pleadings which is too technical and adopt ment system for the Anti-Corruption Court Inspectorate to have a deeper reach, visibil- the common sense approach where plead- among others. ity and access to the most vulnerable who ings are a short and plain statement of the are affected most by corruption. The Inspec- claim showing that the plaintiff is entitled Fighting Corruption: An efficient and torate, must get out of the comfort of their to the relief sought. The Supreme Court of corruption free Judiciary is fundamental offices to confront corruption in its various California says that the plaintiff should only to the sound administration of justice and forms through on spot visits, open meetings set forth the essential facts of his case with enjoyment of the rule of law in an open (Barazas), thorough evaluation of judicial reasonable precision and with particularity and democratic society like ours in Uganda, records, visits to prisons and engagements sufficient to acquaint a defendant with the where each Ugandan has equal access and with JLOS institutions and Local Authorities. nature, source and extent of the cause of opportunity to participate in the governance Resources permitting, we shall establish -In action. It is argued that drafting pleadings of society and enjoy the equal application spectorate Offices and Public Relations- Of in this way helps the defendant to know the of the law. In 2017, we shall continue to fices at Regional levels with fulltime officers potential exposure in the litigation and pre- enforce a zero tolerance campaign against to ease reporting and solving of corruption pares him for settlement negotiations. corruption, though I must emphasize that cases. fighting corruption needs the commitment Increased use of ADR: Alternative Dis- and willingness of every one to report cases I have further instructed the Secretary to the pute Resolution (ADR) will continue to play of corruption. Judiciary to introduce and provide a name an increasing role in the settlement of civil and title tag for every staff of the Judiciary disputes. The mediation registry has over We shall therefore, work with the people, for identification purposes. This will help in the last few years trained and sensitized civil society organizations and the govern- complaints handling by identifying person- judicial officers and members of the legal ment at large as our touch light for flashing nel involved in particular misconduct on the fraternity on how to use ADR. The University out this cancer of corruption are the people. one hand and verifying which complaints are of Pepperdine through the Strauss Institute I want to encourage and assure victims of malicious or baseless on the other. in the USA, has also trained judicial officers

Special Edition - 2017 |THE JUDICIARY INSIDER 9 New Law Year, 2017

in ADR. To move ADR, forward, we need to their Counsel are informed in advance of the build a professional cadre of mediators and intended absence. That saves everybody’s house and pay them in the courts to handle time and resources. mediation on a fulltime basis. Judges and Registrars will only supplement mediators. Tailored Training for Judiciary Staff: Our goal is to have ADR in the Court of Ap- Tailored training to enhance adjudication peal, High Court and Magistrates Court to skills and conflict resolution abilities of judi- help these courts deal with matters. cial officers will be prioritized by the Judicial Studies Institute. Trainings must however be Institutionalisation of targets: Last done in an organised manner so that they year, we introduced targets for judicial offi- do not interfere with the day to day running cers to improve the performance of the Judi- of the courts. JSI should explore options of ciary. Targets are beginning to take root and training staff after work and using electron- inspiring competitiveness among judicial ic/web based training of judicial staff to re- officers. Many judicial officers are keen to duce unnecessary movement, expenditure achieve their monthly and annual targets. In on training and disruption of the court cal- Plea bargaining in criminal cases: this coming year, we shall establish an infor- endar. Much as we must have the training, Plea bargaining has been instrumental in re- mation management system to collect real we must endeavor to spend more time on ducing case backlog in the High Court. Last time statistics on the performance of judicial our core activity i.e. adjudication of cases. year, the High Court completed 2,010 capital officers. This will help us to measure compli- cases through plea bargaining within a short ance with targets and most importantly, take Strict application to justice stan- time and at less than one third of the cost corrective measures, to improve compliance dards: Through the Justice Law and Order of trying cases through the normal system, and raise productivity. We shall put in place Sector, we have developed and agreed on and 1124 inmates have registered to plea a good quality assurance programme to en- justice standards with other JLOS stakehold- bargain. In 2017, the Judiciary, will commit sure that judicial officers do not simply dis- ers. These standards are extracts from the considerable resources to sensitize the pub- miss or rush through cases to meet targets. law and the Bill of Rights and are intended lic and the inmates about the benefits of Additionally, we shall continue to support to ensure that courts observe the right to plea bargaining and carry out more sessions Judicial Officers to do their work with ease fair trial. For example, the standards provide in the High Court. by providing tools, equipment and favorable that: working environment for them to work. The Magistrates, who handle more than 70% of recent launch and publication of the Crimi- • Cases shall be heard on day to day basis the criminal cases, but hardly use plea bar- nal Bench book and the Civil Bench book, are • Courts shall ensure that the entire gaining will benefit from customized training among the many interventions, we intend to criminal proceedings of a non-capital na- by the Judicial Studies Institute, Pepperdine put in place to boost judicial performance. ture take less than four months. University and International Justice Mission • Courts shall priorities cases of children. of Uganda. Checking absenteeism: Absenteeism • After committal, a capital case shall costs the Judiciary one day per week. Losing take a maximum of 12 months. Let me take this opportunity to thank the one fifth of the working time not only esca- • The court shall minimize frequent ad- Hon. the Principal Judge Hon. Dr. Justice lates case backlog but it is moral corruption, journments of the cases. Yorokamu Bamwine for a job well done in where officers earn a salary without work- • The court shall ensure that hearing of having plea bargaining take root in our crim- ing. I have, therefore, introduced attendance minor offences commence on the day of inal Justice system. registers to ensure regularity of attendance plea and police shall summon witnesses at the courts. This year, I intend to intensify promptly. Improving Governance in the Ju- adhoc visits to courts, to ensure that judicial diciary: Governance in the Judiciaries officers are at their stations. Judicial officers I am directing Magistrates, to whom these world over has not been a major preoc- must be away from the stations after getting standards apply to religiously enforce them cupation of Judiciaries. However, with the permission from their superiors. And where to eliminate opportunist case backlog, which demands for improved service delivery, any Judicial Officer intends to be away from is created by inefficiencies in the arrest and accountability and heightened customer the Station and has had cases fixed, that -Of prosecution of cases. demands against reducing budgets for ficer must ensure that the parties and/ or Judiciaries, improving governance is tak-

10 THE JUDICIARY INSIDER | Special Edition - 2017 New Law Year, 2017

the values of the institutions will be helped I therefore appeal to judicial officers and to change or punished if their conduct vio- staff to approach the administration of lates the law. Courts will have more Open justice with patriotism- the love for our Days and closer interaction with the pub- country; professionalism – doing our work lic. I have encouraged the public to directly to meet the highest standard in the admin- contact my office and I have learned a lot istration of justice; impartiality – to give about the problems people face with our each litigant their day in court protected justice system. by equal application of the law; integrity – to banish the ghost of corruption and im- Innovations in the administration propriety in the administration of justice; of Justice: In the last year we experi- efficiency – to deliver justice at the least mented innovations, more specifically plea cost and inconvenience to the public and bargaining, appellate mediation and small effectiveness – to meet and be prepared claims procedure to deal with the most to meet the changing needs our custom- A cross-section of invited guests at the pressing problems of delay. These innova- ers with anticipation and readiness. opening of the New Law Year ceremony. tions will continue to be rolled out in new areas and act as a source of catalyst for In the sum total, I want each judicial offi- ing center stage in the administration of new innovation to address the challenges cer to commit themselves to clearing case justice, where more is being demanded of of uncertainty, cost and inequality com- backlog through enhanced efficiency, in- courts. mon in the administration of justice today. tegrity and professionalism.

Good governance is celebrated for im- We shall not innovate for the sake of in- Conclusion proved transparency resulting in higher novation but we shall be guided by inno- In conclusion, I would like to once again value for money; accountability resulting vations that will help our users to deal thank Your Excellency the Vice President respect for and meeting customer needs; with their problems. We shall also use for accepting to grace the occasion on fairness; probity or ethical conduct of innovations to solve problems that have behalf of His Excellency the President. In court business; corporate social respon- formerly had only inadequate solutions or the same vein, I would like to thank the Rt. sibility and improved performance of the no solution at all, particularly as we transit Hon. Speaker for honouring us with your Judiciary. into a middle income country that calls for presence. efficiency and effectiveness in the way the I note that the Judiciary has not performed State conducts its business including the But I must also note that both of you are optimally due to inadequacies in manag- administration of justice. In this regard, we Officers of Court as well as very senior ing our human resources, unclear report- shall borrow a leaf from the broad appeal members of the Bar. So you are at home. ing lines, poor accounting, uncompetitive of smart phones. Your presence here today is yet another employee remuneration, poor communi- step in realizing the democratic ideals in cation and corruption. The Harvard Business Review says that the the Constitution of having an effective broad appeal of smart phones stems from State that is capable of serving people Therefore, in 2017, the Judiciary will focus how they deliver multiple elements, in- living in Uganda. I look forward to more on strengthening governance by running cluding reducing effort, saves time, con- dialogues of this kind and the inclusion the administration of justice with integrity, nects, integrates, variety, fun, entertain- of the Law Year celebrations as a State transparency, accountability and respect ment, provides access and organises. We function. for the law, procedures and policies gov- too, should develop products that can ad- erning the management of public institu- dress our litigants’ needs from a multiple I thank all of you for turning up in big num- tions. The Judiciary will commit to open perspective. bers to mark the Law Year. I wish you a government (transparent government), prosperous 2017. consultative leadership, and stakeholder The utility of the Law Year lies in our com- engagement; zero tolerance to corruption mitment to implement and carry out the For God and My Country. and gender mainstreaming to ensure that commitments that we have made to the the courts meet their objectives. Judicial public, our stakeholders and the country Bart M. Katureebe officers and Judiciary staff, who fail to meet at large. CHIEF JUSTICE

Special Edition - 2017 |THE JUDICIARY INSIDER 11 Plea Bargaining

Principal Judge Dr. Justice Yorokamu Bamwine (R) leads a delegation of JLOS stakeholders at Jinja Main Prison recently. Principal Judge spearheads Plea Bargaining review exercise n February 13, a Justice, Law and Reading of joint memos by the inmates reaching court, one is given more years Order Sector (JLOS) delegation in those selected prison facilities formed than the earlier ones agreed upon,” Reu- led by Principal Judge Dr. Justice part of the programme of the tour by the ben Asiimwe, a prisoner on defilement OYorokamu Bamwine in the company of delegation. charge read out their memo to Justice Judiciary Technical advisor Mr. Andrew Bamwine. Khaukha and the Director of Public Pros- At Masaka Prison ecutions (DPP) Mike Chibita, set out on a In Masaka Prison, which was the first He continued: “This makes us lose trust tour of selected prisons facilities across prison to be evaluated by the delega- in the state and its lawyers mainly be- the country. tion, the inmates who appreciated the cause they breach the initial contract.” initiative of introducing plea bargaining The core reason of the tour was to mon- to them, complained of how the judi- Mr. Asiimwe named some of his col- itor and evaluate the plea bargaining cial officers and prosecutors were devi- leagues who embraced plea bargains but programme, a joint justice programme ating from the original agreements and were handed more years than they had initiated by the Judiciary and the DPP’s instead hand them a tougher sentence agreed upon with the prosecution. office about three years ago on how its when they appear in court. fairing and how the inmates view it. Speaking on the sidelines of the consul- “My lord, we thank you for this pro- tative meeting to journalists, the PJ said The selected prisons visited included; gramme (Plea Bargaining) because some the change of sentences will not happen Masaka, Jinja, maximum, Luzira of us have benefited from it. However, again. Women, Murchison Bay and Kampala we have had scenarios where we agree Remand. on a given period of years but upon He added that the courts will be going

12 THE JUDICIARY INSIDER | Special Edition - 2017 Plea Bargaining

with what had been agreed upon during “Justice is not a one way affair. You de- Also what stood out at Luzira Maximum the Plea bargaining session between the serve it and the person you wronged Security Prison and Women Remand was prosecutor and the suspect. deserves it too. For those who killed, how inmates praised Mukono High Court you are lucky to still be alive. You killed judge Margaret Mutonyi for her role in DPP Chibita was in agreement with Jus- a human being, not an animal or insect,” sensitising them to embrace the plea tice Bamwine’s way forward. Justice Bamwine said. bargaining programme.

Plea bargaining is an agreement in a He continued: “The sentence you get Justice Wilson Masalu Musene, then criminal case between the prosecutor must reflect the blood that was shed, High Court judge and Elizabeth Nahamya and the accused person whereby the lat- the young girl whose treasure (virginity) were equally praised by the inmates for ter agrees to plead guilty to the charges you robbed; the trauma you caused to their great work in encouraging them to in return for a lenient sentence lessening the victim of robbery, etc.” embrace Plea Bargaining. of the charges. “Remember if convicted on merits you “When Lady Justice Mutonyi Marga- This programme is aimed at reducing on face a death penalty, imprisonment for ret visited Upper prison early 2016 and the over congested prison population life, a long period of imprisonment. sensitised the inmates about the signif- and also tackling of the huge case back- icance of plea bargaining, about 200 in- log that the Judiciary is battling with. “So if you committed a serious offence, mates registered at a go for the same. don’t expect a handshake or smile of a Even prisoners whose conscience are The Masaka inmates also in their memo sentence. Expect a deserving punish- clear and are innocent opted to pursue asked Justice Bamwine to prevail over ment, depending on aggravating or miti- plea bargain in order to mitigate unprec- the judicial officers at Masaka to hand gating factors.” edented long remand period after com- inmates lenient sentences if they plead mittal,” the inmates said. guilty to the charges they are facing for At Luzira Upper Prison having not wasted court’s time and re- Justice Bamwine advised the inmates The inmates added, “We appreciate sources by not going through a protract- to embrace plea bargaining programme Justice Mutonyi who has heard and ed long trial. saying ordinary trials are expensive and disposed off 177 plea bargaining cases. time wasting before warning that the Justice Elizabeth Nahamya and Wilson At Kirinya (Jinja Prison) outcome is unpredictable. Masalu Musene who also disposed off Justice Bamwine in his remarks to Kirinya 90 cases during the same plea bargain- Prison, explained to inmates that much “Try out plea bargaining, you will not be ing sessions.” as he has encouraged them to embrace disappointed.” Justice Bamwine wooed the Plea bargaining programme, they the inmates. Justice Wilson Kwesiga, the current head should expect to get very lenient sen- of the Criminal Division of the High Court tences. who was part of the visiting delegation to Luzira Upper Prison cautioned in- The Principal Judge went on to justify mates who are innocent, not to embrace his statement by saying that some of Plea Bargains but rather be patient and the inmates murdered people, some wait for their time to prove their inno- defiled young girls and took away their So if you committed a serious cence in court. treasured virginity and others robbed offence, don’t expect a people of their valuable items at gun handshake or smile of a Besides looking through the benefits point whose punishment once convicted sentence. Expect a deserving and challenges of Plea Bargaining pro- attracts a maximum of death by hanging. punishment, depending on gramme, the inmates raised other issues aggravating or mitigating such as lost court files, favouritism, and He further explained that despite the in- factors. demand for more judges, ambiguous mates committing such heinous crimes, prison sentences, and issue of mentally they want to receive a hand shake in Hon. Justice Bamwine sick inmates waiting upon ministers or- return and that the same would be a ders. mockery of justice.

Special Edition - 2017 |THE JUDICIARY INSIDER 13 100 days PS Kagole Kivumbi’s first 100 days in the Judiciary More than three months ago, President Yoweri Museveni reshuffled a number of permanent secretaries, including Judiciary’s long-serving Secretary to the Judiciary (SJ), Mrs. Dorcas W. Okalany, who was transferred to the Ministry of Lands, Housing and Urban Development.

he in-coming Permanent Secretary, Revamped physical facilities: In the recent Mr. Kagole Expedito Kivumbi, equally past, we have seen a number of idle spaces served in the Justice Sector for over transformed into functional office space. Tseven years as secretary to the Judicial Ser- At the High Court in Kampala, for instance, vice Commission (JSC). Court Room No. 4 which was for many years used for as storage space for junk office At the office hand-over ceremony on No- equipment and furniture, was by February vember 15, 2016, it was clear that the two cleaned up to accommodate the Criminal accounting officers knew each other as they Registry. The Registrar, Criminal Division was extensively exchanged pleasantries. originally sharing his small office with the registry’s support staff. When he took on the reins he promised to build on the existing teamwork to have the Similarly, the large rented open office space job done. “Teamwork is one of the things I on the floor of Twed Towers that went un- cherish because I believe no one can work utilised for almost a year, has since been alone…I look forward to having an active partitioned to accommodate the busy and working relationship with you to do what we suffocated Court of Appeal Registry. The are required to do,” he said at the handover. Registry has been housed in a smaller office which has been in a dire state for quite some On February 24, Mr. Kagole made 100 days time – with large volumes of court files piled as the accounting officer of therd 3 Arm of all over the place – contributing to the bad the State. Contacted for an interview in this image of the Judiciary. regard, he indeed confirmed there were no- table initiatives, but said it was too early for Financial discipline: There is increased him to discuss in detail. “I should be able to streamlining of accounting and financial talk about what we are trying to do may be systems. Systems have been put in place to after 12 months,” he said. ensure prudent ways of handling finances. For instance, all units were tasked to devel- However, the Judiciary Insider has been op work plans and strictly adhere to them. closely following the developments and At the moment, it is almost impossible for hereby highlights the new SJ’s performance any unit to secure funds for activities out- – the key measures he is putting in place to side work plans. This has enabled many ensure availability of resources and efficient activities to take place in the institution systems for the smooth running of the insti- without suffocating the core activities of tution: the Judiciary.

14 THE JUDICIARY INSIDER | Special Edition - 2017 100 days

Mr. Kagole Kivumbi inspected the congested Court of Appeal registry in December 2016. Right is the court’s newly set up registry.

The new SJ agreed to continue paying the been replaced with pre-paid UBA Bank Visa also prepaid as well as fuel for the vehicles,” staff operational funds (OP) once every three Cards in accordance with Government poli- he said. months (Quarter), as a way of supporting cy to give the entitled officers the flexibility proper planning and easy execution of core to draw fuel from multiple filling stations, Besides, the institution is so far, in position activities without unnecessary delays. including the major suppliers like Total and to plug wastage the monies it was incurring Shell, across the country. on vehicle hires for judges and other enti- However, no payments are made before tled officers when their official ones break- the officers’ submission of accountabilities The biggest headache in the Fleet section down. The specifics of how entitled officers for the previous requisitions. An acknowl- has been with the garages handling the me- are facilitated with transport, in the event of edgement slip with the open registry stamp chanical works. Mechanical bills in the five unavailability of a government vehicle are issued to confirm that the officer indeed months preceding the new SJ’s takeover of clearly set out in the respective appointment submitted their accountabilities as required. office stood at over Shs1.6 billion. With the letters. change of approach and enhancement of Where requisitions have to be done central- discipline in the fleet management system, Payroll Clean-up: By November 2016 ly, like in the case of all magistrates whose OP the Judiciary has luckily no outstanding bills when the new SJ took office, the Judicia- requisitions are coordinated in Kampala by related to mechanical works – none at least ry payroll was over 2,100 staff, excluding the Registrar, Magistrates’ Affairs, the bene- the new SJ’s first 100 days. judges and the contract staff payroll had ficiaries’ bank account details are provided 520 staff. In the past 100 days, a major for the advances to be paid directly there. The Under Secretary, Mr. Muhindo Ngene, payroll clean-up exercise was conducted confirmed that vehicle maintenance and – the permanent and pensionable staff Accountability for funds used in meetings garage bills are managed within set finan- payroll combining administrative staff, and field activities have to be accompanied cial limits. “So far we are able to save some magistrates and registrars (only excludes with the activity reports as further evidence money and vehicles can now be fixed with- judges) has less than 1,700. The contract that the activity indeed took place. out getting into debt. Servicing of vehicles is staff payroll is equally shy by almost 200 members, as it stands slightly above 300 Fleet Management: Officers entitled to- of staff. ficial transport have already noticed major changes in the Transport/Fleet section. The Teamwork is one of the A similar clean-up exercise has been done Unit was upgraded, not to be under the di- things I cherish because on the Pension Staff payroll, which has since rect supervision of the Under Secretary, with I believe no one can work come down from above 450 persons to less the Transport Officer only assisting with the alone…I look forward to than 400. day-to-day coordination of operations. The having an active working pre-paid fuel vouchers are for emergencies. The weeding-out exercise discovered that relationship with you to do some staff members who left the institu- Fuel is no longer drawn on credit, as it what we are required to do. tion on transfer or otherwise and contract were in the previous arrangement with To- Mr. Kagole Expedito Kivumbi staff who left the institution continued to tal Uganda. The Total Plus fuel cards have receive salary and allowances. An audit is

Special Edition - 2017 |THE JUDICIARY INSIDER 15 100 days

still ongoing in respect of permanent staff are centrally handled and processed through to confirm those who are still in service. the Open Registry and feedback finds its way Judiciary back to the originator through the same of- As a result, millions of shillings have been fice. freed-up through this exercise and it is being events in th e directed towards Judiciary’s core activities. Documents are carefully attached to the of- ficial subject files and moved to the relevant first quarter Reporting structures: Incidents of insubor- offices for appropriate action, a practice that dination will definitely get minimised in this has not only enhanced records management period. Whereas the new SJ partly believes but drastically lessened queues of people of 2017 in an open door policy – he practically leaves seeking to meet the permanent secretary his office door open even when conducting over routine and obvious matters. Kabale High Court important meetings – he does not encour- gets new home age dealing with staff issues where unit The procedure has been found quite useful, heads are not involved/consulted. Many especially by the staff from countryside offic- ince its inception, Kabale High think this measure will promote harmony es who simply courier their correspondences Court has been operating and teamwork amongst staff. and requisitions to relevant offices through from Makanga in Kabale mu- the Open Registry and there is no need for Snicipality where it shared space with Tax compliance: It is important for every ac- them to physically follow documents. the Chief Magistrates Court. Howev- counting officer to ensure that there is maxi- er, not anymore, after the High Court mum tax collection for the government from Human Resources Management: In a bid to got its own premises at Kikungiri Hill. all the eligible staff and service providers of boost efficiency in administration staff, there the institution. The new SJ announced that it were a number of staff movements at all lev- Justice Moses Kawumi Kazibwe, the is his job to ensure that all non Judicial staff els both internally and externally. Kabale High Court Judge, says the comply with their income tax obligations as structure will help reduce on the well as the National Social Security Fund re- Within the first 100 days of Mr. Kagole, some congestion at the Chief Magistrates mittances by the staff on contracts. of the notable staff changes were in the of- Court. fices of the Principal Accountant, Principal By December 2016, Mr. Kagole made it a Assistant Secretary, Senior Assistant Secre- “Electricity was not installed in this requirement for all contract staff to first ob- tary (Transport), Senior Internal Auditor, Se- structure but we have written to Ru- tain and submit their NSSF numbers before nior Human Resource Officer, Accounts As- ral Electrification Agency to consider accessing further monthly salary and allow- sistants, Clerks and Process Servers, among us as soon as possible. We shall use ance payments from the Judiciary. others. a generator in the meantime,” Justice Kazibwe said. Similarly, Framework Contracts have been The new SJ has also announced that there enhanced in the institution to ensure that will be strict adherence to staff performance He further expressed the need of a li- there is no tax evasion by service providers. targets and appraisals. Like never before, brary at the court premises to enable staff members are also closely monitored in the officers study while there. Records management: Life is not the same terms of arrival and departure times – they again for anyone working in the Human Re- are required to sign attendance registers as The new High Court structure was sources Section, the Judiciary Open Registry well as wear their staff Identity Cards at all constructed by the Justice Law and and the Accounts Section of the Judiciary – times. Wearing staff ID is partly intended to Order Sector – JLOS. the units that heavily deal with a lot of paper- curb the increasing cancer of people mas- work and records in the Administrative arm querading as court staff and conning unsus- At the commissioning of the building, of the Judiciary. pecting court users. Justice Kazibwe called upon govern- ment to also construct premises for Shortly after his arrival, the new SJ discour- There is no doubt that the Judiciary has seen the lower courts at Kikungiri to ease aged the movement from one office to a revolution since the new PS assumed office work between the courts. another, of loose documents like internal and the future looks brighter with the goal of memos, official letters, requisitions, loose improved service delivery. minutes and the like. Such correspondences

16 THE JUDICIARY INSIDER | Special Edition - 2017 events 2017

The Chief Justice (Front row centre) in a group photo with staff at Mbarara High Court. Chief Justice on tour Chief Justice Bart Katureebe also in the first quarter, had a guided tour of courts in the central and Western regions of the country. he purpose of the guided tour was to courts increase monetary jurisdiction of ju- Mbarara Duncan Gaswaga told him that have a feel of what goes on in those dicial officers. court business is being interfered by politi- courts. During his guided tour, the CJ cal actors who intimidate officers. Tinteracted with judicial staff and non judicial Lawyers appealed to the chief justice to staff on issues that affect their day-to-day appoint a caretaker for Bushenyi Chief The Chief Justice in his address to staff reas- operations. Magistrates Court as opposed to having sured them the Judiciary will protect its offi- the Mbarara Chief Magistrate oversee cers who are victims of baseless allegations. Matters arising from the CJ’s guided tour, operations there. While addressing their He urged officers to be guided by the law saw some of the court users suggesting that issues to CJ Katureebe, resident Judge of and not to be swayed.

Annual Judges’ Criminal Division conference streamlines sessions hief Justice Bart Katureebe used this year’s 19th annual judges conference nstances of court sessions being un- to re-echo that judicial officers should predictable will be relegated to the Cbe well remunerated. President Museveni past. A court session is when a given who was the chief guest at the annual judg- Icategory and a number of cases are han- es’ conference asked the judges that courts dled. Justice Wilson Kwesiga (pictured), should not be barriers to trade by taking so the head of the Criminal Division of the long to deliver decisions involving movement High Court, has said criminal sessions of goods and services. will now become more predictable. Prosecutions. In order to continue boosting trade, Mu- “We have generated a system where the seveni also promised to work to strengthen cause list can be known in advance which According to acting Registrar Criminal Divi- regional organisations such as the Common will reduce anxiety for accused persons.” sion, the number of committals from Luzira Market for Eastern and Southern Africa Prisons stands at 1,077 with the oldest cases (COMESA), the Inter-Governmental Author- To ensure that the court sessions go uninter- being those of 2011. He added that each ity on Development (IGAD), the Southern rupted, there has been a meeting between cause list, which has 40 cases, will follow the Africa Development Co-operation (SADC) the Criminal Division and the prisons author- principle of first in first out. and the EAC, SADC and COMESA tripartite ities together with the Directorate of Public agreement.

Special Edition - 2017 |THE JUDICIARY INSIDER 17 Brand Identity

The Uganda Judiciary’s Coat of Arms brand identity One of the highlights at the 19th Annual Judges Conference was the formal launch of Judiciary’s brand identity by President Yoweri Museveni. The launch Symbol representing was the product of work which the Kampala High began two years ago. According Court building to Justice Lydia Mugambe, the chairperson of the Judiciary Editorial Board, a consultancy firm, coordinated the process.

“Fireworks Advertising, a specialised consul- tancy firm, coordinated the re-branding pro- cess.” She said there were wide consultations with key internal and external stakeholders. “Broad benchmarking was done with var- ious government organisations and other The Scale of Justice judiciaries/international justice institutions,” before adding that the process was carefully reviewed by Judiciary Technical Committee, Editorial Board and the 18th Annual Judges Conference.

The Judiciary will be using purple and gold as its primary colours. Purple because it is a colour of justice and gold which is a symbol of prestige.

Branding the Judiciary is aimed at: The official colours: 1 Providing the Judiciary with a unifying cor- Purple & yellow porate identity and platform for both inter- nal and external communication

2 To get the public to reappraise the Judi- ciary

3 To inspire the Judiciary staff to meet the expectations of the general public

4 To boost Judiciary’s public visibility and public awareness initiatives

18 THE JUDICIARY INSIDER | Special Edition - 2017 Brand Identity

THE NEW JUDICIARY IDENTITY CARDS

THE NEW JUDICIARY IDENTITY CARDS

DIRECTIONAL SIGNS

THE ROLL-UP STAND BANNERS THE ROLL-UP STAND BANNERS

Special Edition - 2017 |THE JUDICIARY INSIDER 19 Report Executive interfering with Judiciary independence - Report A 2016 State of the Judiciary report has unearthed rot, believed to be stifling the administration of justice and the rule of law in the Judiciary. Although the Judiciary has strived to measure up to the expected standards, this study reveals that it has often fallen short on account of a myriad of challenges.

n the report titled, ‘In Dire Traits? The State of the Judiciary Report 2016,’ the executive arm of government is on the Ispot as the major inhibitor in the adminis- tration of justice and in comparison to the other arms of government, it ranks num- ber one as the abuser of constitutionalism.

The head of the executive arm, President Yoweri Museveni, is mentioned in the re- port to have, in several instances, disre- garded court orders and criticised the in- stitution for exercising its mandate.

The report cites remarks, criticising judicial officers for failing to convict government The Chief Justice (right) hands over a copy of the report to Uganda Law Society Pres- ident Mr. Francis Gimara. officers believed to be stealing govern- ment drugs from hospitals, and his move CEPIL programmes manager, David Okel- the public lose its interest in the institu- in October 2005, when he overturned a lo said that these constant attacks have tion. court order evicting bonafide and lawful made judicial officers shy away and resort land tenants across the country. to the use of the Political Question Doc- However, speaking at the launch, the Chief trine (PQD) to avoid making pronounce- Justice defended the institution saying Other instances the report cites are, the ments that they feel may negatively affect that unlike the report findings that people 2005 siege at High Court when former the executive. have lost interest in the institution, there presidential candidate, Kizza Besigye and has been a recent influx of people going to 14 other people on treason charges were In the report, the Judicial Service Commis- the courts of law to seek justice. released on bail by High Court only to be sion (JSC) was pinned for relinquishing its re-arrested. constitutional role sourcing qualified -per “It appears to me that people still go to the sonnel to head the institutions topmost Judiciary despite the shortcomings,” he It also makes mention of the recent siege offices, to the Executive. said, adding that High Court judges have of the Makindye Chief Magistrates court of disposed of more cases than never before. people protesting against the criminal trial JSC was also blamed for failing to expedi- of police boss, Kale Kayihura. tiously resolve the over 886 cases brought Justice Katureebe said that the institution to it for disciplinary action, which has needs more manpower to handle the The report which was compiled by Centre slowed the administration of justice. case backlog and that they have severally for Public Interest Law (CEPIL) with sup- begged the executive to come to their aid port from the Open Society Initiative for The report findings also indicate that the and increase the number of judges from Eastern Africa (OSIEA) was launched last institution is marred by corruption, dis- 50 to at least 80, but it has not heed. year in Kampala by the Chief Justice, Bart crimination in the administration of justice Katureebe. and under performance which has made He stated the Judiciary has so far come

20 THE JUDICIARY INSIDER | Special Edition - 2017 Report up with several programmes which are all of Justice Centres and the introduction avoid instances of corruption. aimed at face-lifting the image of the in- of the performance enhancement tool stitution. which seeks to comprehensively mon- Mr. Francis Gimara, the president Ugan- itor performance of judicial officials da Law Society said all Ugandans must be These include, the amendment in the were identified as great prospects for subjected to the rule of law on equal basis. sentencing guidelines, the introduc- reform. tion of plea bargaining, small claims He warned the judiciary against going de- procedure and audio-visual link for ev- The Chief Justice stated that they are aiming fensive on the attacks and instead face the idence taking, Alternative Dispute Res- at having a judicial system that is automated brutal facts and work towards redeeming olution. In addition, the establishment and has an e-filing and e-payment systems to its glory.

Report recommendations

The report made several recommendations That the heads of the respective as facilitates the growth of electronic li- for the Judiciary to effectively realise its con- 7 courts in particular Chief Justice, brary information systems. stitutional mandate; Deputy Chief Justice and Principal Judge be included as ex-officio members of the That the Judiciary embraces That Government increase the financial Judicial Service Commission. 14 judicial activism and develops 1and operational support rendered to new principles in Ugandan jurispru- the Judiciary. That the Judiciary be accountable dence that will align our legal system 8 to the public and mechanisms that to the constitutional aspirations and That the judicial appointments process- increase access to information by the globally established international legal 2es be made more transparent and the public be encouraged. standards. Judicial Service Commission should only for- ward the names of successful candidates. The use of the judicial score card to That the Judiciary provides due 9 monitor case disposal and the actual 15 processes and equal protection That the Judicial Service Commission performance of judicial officers be en- of the law to all who have business be- 3(JSC) thoroughly and effectively investi- couraged. fore them. It ought to develop a clear gate complaints of judicial misconduct and and precise yardstick to schedule cases involve the public in the disciplinary pro- That a performance tool be with the earlier filed matters given prior- cesses of judicial officers. 10 prepared, launched and oper- ity over the later filed matters. ationalized to ensure the uniform and The Judicial appointment processes be standard monitoring of performance That the Constitution be amend- 4rationalized in such a way that serving across the Judiciary. All members of 16 ed to allow the Chief Justice be and career judicial officers who are compe- the Judiciary be formally sensitized and part of the disciplinary processes of the tent be given priority in order of seniority educated about the use, indicators and Judiciary. and experience. This way, the system would implications of said tool before its oper- not only reward its long serving staff but ationalization. That all persons, departments also encourage a more organic process of 17 and organs of state are called individuals serving right from the grassroots That the Administration of -Jus upon to respect and implement the de- and magisterial areas. 11 tice Bill be enacted into law to cisions of the Judiciary and that the Ju- give the Judiciary a measure of financial diciary uses the legal resources available That the Judicial Service Commission autonomy and independence within its disposal to clamp down on de- 5be composed of at least six full time faulting persons and entities. members to ensure that quorum is more That the Legal Aid Bill be enact- easily met and the Commission performs its 12 ed into law to facilitate the right That courthouse facility’ guide- role more efficiently and expeditiously. to access justice. 19 lines be prepared and adopted to ensure that responsible entities de- That Parliament should increase fund- That the Judiciary strengthens sign, build, maintain and rent courts fa- 6ing to the Judicial Service Commission 13the capacity and effectiveness of cilities that are suitable, safe, secure and to enable them perform their functions. the Judicial Studies Institute (JSI) as well accessible.

Special Edition - 2017 |THE JUDICIARY INSIDER 21 Appointments/promotions

The new Judicial Service commissioners shortly after swearing in at the High Court building in Kampala on December 5, 2016. New JSC Members start work The new Judicial Service Commission (JSC) members were sworn in by the Chief Justice. The nine member team was led by Hon. Justice Kabiito Benjamin Isingoma as chairperson and Hon. Lady Justice Faith Mwondha as deputy. They will serve for a four-year term.

he other members include; Hon. cases against errant officers are conducted such that confidence entrusted in us is not in Justice Jotham Tumwesigye, former in a swift and fair manner because the com- vain,” said Hon. Justice Kabiito. Uganda Law Society president Ms. plainants and the affected judicial officers- ex TRuth Sebatindira, Ms. Norah Matovu Winyi, pect a quick resolution of these complaints Hon. Justice Katureebe called on the newly Dr. Laban Nnini Kirya, former Sheema wom- sworn in members of the JSC to take time an MP, Hon. Rose Nyakikongoro, former Teso and scrutinise all lawyers before recom- State minister Hon. Amongin Aporu and Ms. mending them as judges and judicial officers. Justin A. Mugabi. He stressed that it was important to preserve They took their oaths of office before the We shall ensure that criminal the public’s confidence in the Judiciary be- Chief Justice, Hon. Bart Katureebe at the cases against errant officers cause the Judiciary is under scrutiny, on ac- High Court in Kampala on December 5, 2016. are conducted in a swift and cusations of incompetence and corruption. fair manner because the Shortly after taking oath, Hon. Justice Kabiito complainants and the affected President Yoweri Museveni named High pledged on behalf of his team to build from judicial officers expect a quick Court Judge, Hon. Justice Kabiito to replace what the old commission left, and confront resolution of these complaints Hon. Justice James Ogoola who retired in the challenges that the commission faces. such that confidence February after clocking the retirement age entrusted in us is not in vain. of 70. He disclosed that the Judicial Service Com- mission will work tirelessly to clear a backlog Hon. Justice Kabiito The Chairperson, Deputy Chairperson, and of more than 300 unfinished cases to restore the Members of JSC are all appointed by the public confidence in the Judiciary. President with approval of Parliament. Its main mandate is to recruit judicial officers “Your lordship, we shall ensure that criminal and regulate their conduct.

22 THE JUDICIARY INSIDER | Special Edition - 2017 Appointments/promotions Hon. Justice Simon Mugenyi Byabakama New EC Chairman President Museveni appointed a new Electoral Commission chairperson replacing Dr. Badru Kiggundu, whose term ended on November 17, 2016.

n a letter to Speaker of Parliament Rebecca electoral commission,” the letter by the Pres- Commission in order to ensure free and fair Kadaga, HE President Museveni appointed ident states. elections in the country. Court of Appeal Justice, Hon. Justice Simon IMugenyi Byabakama to replace Mr. Kiggun- On January 17, Justice Byamukama took On his part, the new Chairperson of the du who spent 14 years as EC chair. oath of office as the new Chairperson of Commission promised to critically look into the Electoral Commission alongside six oth- the Supreme Court recommendations that “By the authority given to the president er commissioners. They were sworn-in by a were made in the post 2016 presidential by Article 60 (1) of the constitution of the function presided over by the Chief Justice, election court ruling. republic of Uganda, I have nominated the Hon. Bart M. Katureebe. He urged them to following persons to be members of the ensure total independence of the Electoral

PROFILE Hon. Justice Simon Mugenyi Byabakama Chairperson Electoral Commission

The new Electoral Commission chairperson, Public Prosecutions (DPP) - first joined as a Justice Simon Byabakama, was born in Ho- Resident State Attorney in Masindi District ima district on January 31, 1957. He joined in 1981, and was promoted to senior state the Bench as High Court Judge in May 2008. attorney in 1987.

He is a holder of a Bachelor of Laws Degree In 1992, he was elevated to Principal State ( University-1980) and a Diploma Attorney, became Senior Principal State At- in Legal Practice (LDC-1980). Before that, he torney at the DPP Headquarters in 1996, went through Kabalega Secondary School in and he was elevated to the rank of Deputy Masindi for both his Ordinary and Advanced DPP at the time he was appointed Judge. Level studies between 1971 and 1976. For the many years in DPP’s office, he pros- His first Judiciary deployment was in June ecuted quite a number of high-profile 2008 at the High Court Circuit in Lira as Res- trials,including being the lead prose- ident Judge; served as Resident Judge at the cutor in the famous murder case Soroti High Court Circuit March 2010, and against the Tooro Prime Minister, was re-deployed to the High Court Circuit in John Katuramu; Kooky Sharma, Masindi in June 2013. and the rape case against top opposition figure, Col. (Rtd) In October 2015, Judge Byabakama was one Dr. Kizza Besigye. of the six High Court Judges appointed by President Yoweri Museveni to the Court of Hon. Justice Byabakama is Appeal/Constitutional Court on promotion. married to Dorothy Kasaija Mugenyi and he is a father Before joining the Bench, Hon. Justice By- of six. abakama, worked in the Directorate of

Special Edition - 2017 |THE JUDICIARY INSIDER 23 Appointments/promotions Uganda nominates Justice Bossa for ICC judgeship Uganda has nominated Court of Appeal Justice Solome Balungi Bossa as its candidate for the post of judge of the International Criminal Court (ICC) whose elections will be held in December 2017. The nomination took place in Addis Ababa during the 28th Ordinary Session of the Assembly of Heads of State and Government of the African Union.

ustice Bossa, who is competing others. She contributed significantly to- against two other candidates from wards the establishment of the East Afri- Benin and Lesotho, is a highly accom- can Law Society, the East African Centre Jplished judge with over 27 years of legal for Constitutional DevelopmentKituo ( cha and judicial work experience at national, Katiba), and the Uganda Network on Law, regional and international level. She has Ethics, HIV and the Law. She also partici- considerable exposure and experience in pated through the aegis of the Internation- international judicial practice, internation- al Commission for Jurists, in the initial stag- al human rights, international humanitari- es of drafting of the Additional Protocol on an law, international criminal law and con- Women to the African Charter. stitutional law. She holds a Bachelor of Laws Degree (LL.B) Her name was submitted to the African Honors from . She is Union Commission (AUC) for early consid- a candidate for a Master of Laws Degree eration by President Yoweri Museveni to (LL.M) from the University of London. She allow her adequate time to campaign. has received various national, regional and Justice Solome Balungi Bossa inter-national awards in recognition of her Bossa was elected as the Judge of the Af- distinguished services as a legal - practi rican Court on Human and Peoples’ Rights the Law, the Uganda Law Society, among tioner, judge and human rights activist. in June 2014, for a term of six years. others. She has also chaired government bodies like the Law Council and the Na- Making of a judge at ICC She has served as Judge with the High tional Steering Committee on Community The International Criminal Court - con Court of Uganda for 16 years (1997-2013), Service, sist of 18 judges, organised into three the East African Court of Justice for five chambers—the Pre-Trial Chamber, Trial years (2001-2006), United Nations -In On the international scene, she is a mem- Chamber and Appeals Chamber—which ternational Criminal Tribunal for Rwanda ber of the International Commission of carry out the judicial functions of the (UNICTR) for nine and half years (2003- Jurists, the international Association of Court. Judges are elected to the Court by 2013), and currently serves as Judge on Women Judges, the African Centre for De- the Assembly of States Parties. They serve the Court of Appeal/Constitutional Court mocracy and Human Rights and the East nine-year terms and are not generally eli- for Uganda. African Judges and Magistrates’ Associa- gible for re-election. tion, among others. At national level, she Before joining the Bench, she was a Lectur- is a member of International Federation of All judges must be nationals of states er/Law Reporter at the Law Development Women Lawyers (FIDA) Uganda Chapter, parties to the Rome Statute, and no two Centre of Uganda for 17 years (1981-1997). the National Association of Women Judg- judges may be nationals of the same She has, been a human rights activist since es, and the Uganda Association of Judges state. They must be “persons of high mor- 1980 and has founded/chaired non-profit and Magistrates. al character, impartiality and integrity who organisations in human rights like the East possess the qualifications required in their African Law Society. The East African Cen- Justice Bbosa is well trained on improving respective States for appointment to the tre for Constitutional Development, the access to justice, constitutional and demo- highest judicial offices” Uganda Network on HIV, AIDS, Ethics and cratic governance, leadership skills, among

24 THE JUDICIARY INSIDER | Special Edition - 2017 Magisterial Areas Magisterial Areas increased from 38 to 82 In a move to bring judicial services closer to the Ugandans, the government through the Justice and Constitutional Affairs minister Rtd Maj Gen. Kahinda Otafiire has issued a statutory instrument that has seen the creation of about 70 more magistrate courts and magisterial areas throughout the country. n the statutory instrument 2017 issued Otafiire’s Instrument in part. The magisterial ficer of the Judiciary said the idea is to have by justice minister, magistrates courts areas have been mainly designated into dis- a Chief Magistrate in every district and a have risen to slightly over 430 magistrates tricts, have also been increased to 82 from Grade One Magistrate in every sub county Icourts across the country from about 368 38. of the country in a bid to bring justice ser- courts. vices closer to the people. Kampala metropolitan area has had seven “In exercise of the powers conferred upon more magistrate courts created at Kabala- “The magisterial areas are now 82 and the the minister by Section 2 and 3 of the Mag- gala, , , Zaana, Kasubi, total districts are 112. Our target is to have istrates Court Act and in consultation with , and Rubaga. a magistrate Grade One in every sub Coun- the Chief Justice, this Instrument is made ty and a Chief Magistrate in every district,” on the 13th day of September 2016,” reads H/WErias Kisawuzi, the Public Relations Of- H/W Kisawuzi said.

Magisterial Areas and Magistrates Courts Existing Magisterial Areas No. Extent of Magisterial Area Magistrates courts 6. Budaka Chief Magistrate - Budaka 1. Alebtong Chief Magistrate - Alebtong Budaka and Kibuku Districts Magistrate Grade I - Budaka Magistrate Grade I- Iki Iki Alebtong and Otuke Districts Magistrate Grade I - Abako Magistrate Grade I - Adwari Magistrate Grade I–Kibuku Magistrate Grade I - Alebtong 7. Buganda Road Chief Magistrate - Buganda Road Magistrate Grade I - Aloi Central Division of Kampala Magistrate Grade I- Buganda Road Magistrate Grade I - Amugo Magistrate Grade I- City Hall Magistrate Grade I - Apala Magistrate Grade I- Law Develop- Magistrate Grade I - Okwang ment Centre (LDC) Magistrate Grade I - Olilim Magistrate Grade I - Omoro 8. Bugiri Chief Magistrate - Bugiri Magistrate Grade I - Orumu Bugiri District Magistrate Grade I - Bugiri Magistrate Grade I - Otuke Magistrate Grade I- Lugala Magistrate Grade I - Namayingo 2. Anaka Chief Magistrate - Nwoya Magistrate Grade I - Sigulu Island Nwoya and Amuru Districts Magistrate Grade I - Amuru Magisterial Courts Magistrate Grade I - Anaka Magistrate Grade I - Atiak 9. Buhweju Chief Magistrate - Buhweju Magistrate Grade I - Kilak Magistrate Grade I - Nsiika Magistrate Grade I - Koch-Goma Buhweju District Magistrate Grade I - Lamogi 10. Buliisa Chief Magistrate - Buliisa Magistrate Grade I - Nwoya Buliisa District Magistrate Grade I - Biiso 3. Apac Chief Magistrate - Apac Magistrate Grade I- Buliisa Magistrate Grade I - Butyaba Apac District Magistrate Grade I - Aduku Magistrate Grade I - Apac Magistrate Grade I - Wanseko Magistrate Grade I - Chawente 11. Bundibugyo Chief Magistrate - Bundibugyo Magistrate Grade I - Chegere Bundibugyo District Magistrate Grade I - Bubandi Magistrate Grade I - Ibuje Magistrate Grade I - Bundibugyo Magistrate Grade I - Inomo 12. Bushenyi Chief Magistrate - Bushenyi Magistrate Grade I - Nambieso Bushenyi Town Council, Rubi- Magistrate Grade I - Bushenyi 4. Arua Chief Magistrate - Arua rizi, Sheema Districts Magistrate Grade I- Kagango Magistrate Grade I - Kibingo Arua District Magistrate Grade I - Adumi Magistrate Grade I - Arivu Magistrate Grade I - Kitagata Magistrate Grade I - Arua Magistrate Grade I - Rubirizi Magistrate Grade I - Logiri Magistrate Grade I - Mitooma Magistrate Grade I - Madi- Okolo 13. Busia Chief Magistrate - Busia Magistrate Grade I - Okolo Busia District Magistrate Grade I - Busia Magistrate Grade I - Rhino Camp Magistrate Grade I- Lumino Magistrate Grade I - Odravu Magistrate Grade I - Majanji 5. Bubulo Chief Magistrate - Bubulo 14. Butambala Chief Magistrate - Gombe Manafwa and Bududa Magistrate Grade I - Bubulo Butambala District Magistrate Grade I - Bulo Districts Magistrate Grade I- Bududa Magistrate Grade I- Gombe Magistrate Grade I- Bupoto Magistrate Grade I- Kibibi

Special Edition - 2017 |THE JUDICIARY INSIDER 25 Magisterial Areas

15. Dokolo Chief Magistrate - Dokolo 28. Kalangala Chief Magistrate - Kalangala Dokolo and Amolatar Districts Magistrate Grade I - Agwata Kalangala District Magistrate Grade I - Bukasa Magistrate Grade I - Amolatar Magistrate Grade I- Kalangala Magistrate Grade I - Aputi 29. Kamuli Chief Magistrate - Kamuli Magistrate Grade I - Awelo Kamuli and Buyende Districts Magistrate Grade I - Bugaya Magistrate Grade I - Bata Magistrate Grade I - Buyende Magistrate Grade I - Dokolo Magistrate Grade I - Kagulu Magistrate Grade I - Kangai Magistrate Grade I - Mbulamuti Magistrate Grade I - Kwera Magistrate Grade I - Namasagali Magistrate Grade I - Namasale Magistrate Grade I - Namwendwa Magistrate Grade I–Muntu Magistrate Grade I - Nawanyago 16. Entebbe Chief Magistrate - Entebbe Magistrate Grade I- Kamuli Magistrate Grade I- Entebbe Entebbe Mun. and Katabi SC, 30. Kamwenge Chief Magistrate - Kamwenge Wakiso District Magistrate Grade I- Nkumba Kamwenge District Magistrate Grade I - Kamwenge Magistrate Grade I- Kahunge Magistrate Grade I - Nkoma 17. Fort Portal Chief Magistrate - Fort Portal Magistrate Grade I - Kicheche Kabarole District Magistrate Grade I –Fort Portal 31. Kanungu Chief Magistrate - Kanungu Magistrate Grade I - Hakibaale Kanungu District Magistrate Grade I - Kanungu Magistrate Grade I - Kibiito Magistrate Grade I - Kihihi Magistrate Grade I - Rwimi 32. Kapchorwa Chief Magistrate - Kapchworwa 18. Gomba Chief Magistrate - Kanoni Kapchorwa, Bukwa Sub-coun- Magistrate Grade I - Bukwo Gomba District Magistrate Grade I - Kabulasoke ty and Kween Districts Magistrate Grade I- Kapchworwa Magistrate Grade I- Kanoni Magistrate Grade I- Kaproron Magistrate Grade I- Kiriri Magistrate Grade I- Ngenge Magistrate Grade I- Maddu 19. Gulu Chief Magistrate - Gulu Gulu District Magistrate Grade I - Aswa 33. Kasangati Chief Magistrate - Kasangati Magistrate Grade I - Bobi Nangabo Sub-county, Magistrate Grade I - Kasangati Magistrate Grade I - Gulu Kyadondo and Busukuma of Magistrate Grade I - Omoro Kyadondo, Wakiso District 20. Hoima Chief Magistrate - Hoima 34. Kasese Chief Magistrate - Kasese Hoima District Magistrate Grade I - Buseruka Magistrate Grade I - Hoima Kasese District Magistrate Grade I - Bwera Magistrate Grade I - Kabwoya Magistrate Grade I - Kasese Magistrate Grade I - Kigorobya Magistrate Grade I - Lake Magistrate Grade I - Kyangwali 35. Katakwi Chief Magistrate - Katakwi 21. Ibanda Chief Magistrate - Ibanda Magistrate Grade I - Acowo Katakwi and Amuria Districts Magistrate Grade I - Amuria Ibanda District Magistrate Grade I - Ibanda Magistrate Grade I - Ishongororo Magistrate Grade I - Kapelebyong Magistrate Grade I - Katakwi 22. Iganga Chief Magistrate - Iganga Magistrate Grade I - Obalanga Iganga and Luuka Districts Magistrate Grade I - Busembatia Magistrate Grade I - Orongo Magistrate Grade I - Iganga Magistrate Grade I - Wera Magistrate Grade I - Kaliro Magistrate Grade I - Toroma Magistrate Grade I - Kiyunga Magistrate Grade I - Makutu Magistrate Grade I - Namungalwe Magistrate Grade I - Namutumba 36. Kayunga Chief Magistrate - Kayunga Kayunga District Magistrate Grade I - Bbaale 23. Isingiro Chief Magistrate - Isingiro Magistrate Grade I - Busaana Isingiro District Magistrate Grade I - Bukanga Magistrate Grade I - Galilaya Magistrate Grade I - Isingiro Magistrate Grade I - Kangulumira Magistrate Grade I - Kabingo Magistrate Grade I - Kayunga Magistrate Grade I - Kikagate Magistrate Grade I - Rugaga 37. Kibaale Chief Magistrate - Kibaale Kibaale District Magistrate Grade I - Kagadi 24. Jinja Chief Magistrate - Jinja Magistrate Grade I - Kakumiro Jinja District Magistrate Grade I - Budondo Magistrate Grade I - Kibaale Magistrate Grade I - Bugembe Magistrate Grade I - Muhoro Magistrate Grade I - Busedde Magistrate Grade I - Nyalweyo Magistrate Grade I - Butagaya Magistrate Grade I - Mabaale Magistrate Grade I - Jinja Magistrate Grade I - Kagoma Magistrate Grade I - Kakira 38. Kiboga Chief Magistrate - Kiboga . Chief Magistrate - Kabale 25 Kabale Kiboga and Kyankwanzi Magistrate Grade I - Bukomero Kabale District Districts Magistrate Grade I - Bukwiri 26. Kaberamaido Chief Magistrate - Kaberamaido Magistrate Grade I - Busunju Magistrate Grade I - Butemba Kaberamaido District Magistrate Grade I - Kaberamaido Magistrate Grade I - Kalaki Magistrate Grade I - Kiboga Magistrate Grade I - Ochero Magistrate Grade I- Kyankwanzi Magistrate Grade I - Otuboi Mulusozi Magistrate Grade I- Ntwetwe 27. Kajjansi Chief Magistrate - Kajjansi Magistrate Grade I - Kajjansi 39. Kira Chief Magistrate - Kira Ssisa and Kassanje, sub-coun- Magistrate Grade I - Bweyogerere ties of Wakiso District Magistrate Grade I- Kasanje Kira Town Council, Kyadondo and Wakiso District Magistrate Grade I- Kira

26 THE JUDICIARY INSIDER | Special Edition - 2017 Magisterial Areas

40. Kiruhura Chief Magistrate - Kiruhura 50. Luwero Chief Magistrate - Luwero Kiruhura District Magistrate Grade I - Buremba Luwero and Nakaseke Districts Magistrate Grade I - Bombo Magistrate Grade I - Burunga Magistrate Grade I - Luwero Magistrate Grade I - Kashongi Magistrate Grade I - Nakaseke Magistrate Grade I - Kazo Magistrate Grade I - Ngoma Magistrate Grade I - Kinoni Magistrate Grade I - Semuto Magistrate Grade I - Kiruhura Magistrate Grade I - Wobulenzi Magistrate Grade I - Sanga Magistrate Grade I - Zirobwe 51. Makindye Chief Magistrate - Makindye 41. Kiryandongo Chief Magistrate - Kiryandongo Makindye Division of Kampa- Magistrate Grade I - Ggaba Magistrate Grade I- Kiryandongo District Magistrate Grade I - Bweyale la; and Makindye Magistrate Grade I - Karuma Magistrate Grade I- Makindye Sub- county of Kyadondo, Magistrate Grade I- Namuwongo Magistrate Grade I - Kigumba Wakiso District Magistrate Grade I - Kiryandongo Magistrate Grade I - Zaana 52. Masaka Chief Magistrate - Masaka 42. Kisoro Chief Magistrate - Kisoro Masaka District Magistrate Grade I - Bukomansimbi Magistrate Grade I - Kalungu Kisoro District Magistrate Grade I - Bunagana Magistrate Grade I - Kisoro Magistrate Grade I - Kyanamukaka Magistrate Grade I - Kyanika Magistrate Grade I - Kyazanga Magistrate Grade I - Lukaya Magistrate Grade I - Lwengo 43. Kitgum Chief Magistrate - Kitgum Magistrate Grade I - Masaka Kitgum and Lamwo Districts Magistrate Grade I - Atanga Magistrate Grade I - Mbirizi Magistrate Grade I- Kitgum Magistrate Grade I - Kitgum Matid 53. Masindi Chief Magistrate - Masindi Magistrate Grade I - Lamwo Masindi District Magistrate Grade I - Budongo Magistrate Grade I - Madi Opei Magistrate Grade I - Bwijanga Magistrate Grade I - Namokora Magistrate Grade I - Kafu River Magistrate Grade I - Padibe Magistrate Grade I- Masindi Magistrate Grade I - Pajule 54. Mayuge Chief Magistrate - Mayuge Magistrate Grade I- Palabek Mayuge District Magistrate Grade I - Baitambogwe Magistrate Grade I - Kigandalo 44. Koboko Chief Magistrate - Koboko Magistrate Grade I - Kityerera Koboko and Maracha Districts Magistrate Grade I - Koboko Magistrate Grade I - Mayuge Magistrate Grade I - Lodonga 55. Mbale Chief Magistrate - Mbale Magistrate Grade I - Maracha Mbale District Magistrate Grade I - Mbale Mun. Magistrate Grade I - Nyadri Magistrate Grade I - Bungokho Magistrate Grade I - Oleba Magistrate Grade I- Busiu Magistrate Grade I- Mbale Magistrate Grade I - Nakaloke 45. Kotido Chief Magistrate - Kotido Magistrate Grade I- Wanale Magistrate Grade I - Abim Kotido, Abim and Kabong 56. Mbarara Chief Magistrate - Mbarara Districts Magistrate Grade I- Kabong Magistrate Grade I- Kotido Mbarara District Magistrate Grade I - Bwizibwera Magistrate Grade I- Mbarara 46. Kumi Chief Magistrate - Kumi Magistrate Grade I- Mbarara Mun. Magistrate Grade I - Ndaija Kumi, Ngora and Bukedea Magistrate Grade I - Bukedea 57. Mengo Chief Magistrate - Mengo Districts Magistrate Grade I - Kachumbala Magistrate Grade I- Kanyum of Kampala Magistrate Grade I- Kasubi Magistrate Grade I - Kumi Magistrate Grade I- Mengo Magistrate Grade I - Mukura Magistrate Grade I- Nateete Magistrate Grade I - Ngora Magistrate Grade I- Ndeeba Magistrate Grade I- Rubaga 47. Kyenjojo Chief Magistrate - Kyenjojo 58. Mitoma Chief Magistrate - Mitoma Magistrate Grade I - Bufunjo Kyenjojo and Kyegegwa Mitoma District Magistrate Grade I - Mitoma Districts Magistrate Grade I - Butiti Magistrate Grade I- Kyarusozi 59. Mityana Chief Magistrate - Mityana Magistrate Grade I - Kyegegwa Mityana District Magistrate Grade I - Bulera Magistrate Grade I - Kyenjojo Magistrate Grade I - Butayunja Magistrate Grade I - Mpara Magistrate Grade I - Kakindu Magistrate Grade I - Mityana 48. Lira Chief Magistrate - Lira 60. Moroto Chief Magistrate - Moroto Lira and Kole Districts Magistrate Grade I - Barr Magistrate Grade I - Aboke Moroto and Napaka Districts Magistrate Grade I - Moroto Magistrate Grade I - Adekokwok Magistrate Grade I - Moroto Mun. Magistrate Grade I - Alito Magistrate Grade I - Napak Magistrate Grade I - Amach 61. Moyo Chief Magistrate - Moyo Magistrate Grade I - Bala Moyo and Adjumani Districts Magistrate Grade I - Adjumani Magistrate Grade I - Kole Magistrate Grade I - Aliba Magistrate Grade I - Lira Magistrate Grade I - Alur Magistrate Grade I - Ayer Magistrate Grade I - Moyo Magistrate Grade I - Ogur Magistrate Grade I - Pakele 62. Mpigi Chief Magistrate - Mpigi 49. Lugazi Chief Magistrate - Lugazi Mpigi District Magistrate Grade I - Bujuuko Buikwe District and Buvuma Magistrate Grade I - Buikwe Magistrate Grade I- Buwama Islands Magistrate Grade I - Buvuma Magistrate Grade I- Kayabwe Magistrate Grade I- Lugazi Magistrate Grade I- Mpigi Magistrate Grade I- Njeru Magistrate Grade I- Nsangi

Special Edition - 2017 |THE JUDICIARY INSIDER 27 Magisterial Areas

63. Mubende Chief Magistrate-Mubende 73. Pader Chief Magistrate - Pader Mubende District Magistrate Grade I - Bukumira Pader and Agago Districts Magistrate Grade I - Adilang Magistrate Grade I - Kasambya Magistrate Grade I - Agago Magistrate Grade I - Kassanda Magistrate Grade I - Corner Kilak Magistrate Grade I - Kiganda Magistrate Grade I - Kalongo Magistrate Grade I - Mubende Magistrate Grade I - Pader Magistrate Grade I - Myanzi Magistrate Grade I - Parabong 64. Mukono Chief Magistrate - Mukono Magistrate Grade I - Patongo Mukono District and Koome Magistrate Grade I - Goma 74. Pallisa Chief Magistrate -Pallisa Islands Magistrate Grade I - Kasawo Pallisa District Magistrate Grade I - Butebo Magistrate Grade I - Koome Islands Magistrate Grade I- Pallisa Magistrate Grade I - Mukono Magistrate Grade I - Nakifuma 75. Rakai Chief Magistrate - Rakai Magistrate Grade I - Nakisunga Rakai District Magistrate Grade I - Kakuuto Magistrate Grade I- Kasagama 65. Nabweru Chief Magistrate - Nabweru Magistrate Grade I- Kifamba Div. of Kampala; Magistrate Grade I - Kawempe Magistrate Grade I- Kyotera and Nabweru, Kyadondo and Magistrate Grade I- Matugga Magistrate Grade I- Lyantonde Gombe Kyadondo, sub-coun- Magistrate Grade I- Nabweru Magistrate Grade I- Mutuukula ties of Wakiso District Magistrate Grade I - Kaliilo Chief Magistrate - Nakapiripirit Magistrate Grade I - Kalisizo 66. Nakapiripirit Magistrate Grade I - Rakai Nakapiripiriti and Amudat Magistrate Grade I - Amudat Districts Magistrate Grade I- Nakapiripirit 76. Rukungiri Chief Magistrate - Rukungiri Magistrate Grade I - Namalu Rukungiri District Magistrate Grade I - Nyarushanje 67. Nakasongola Chief Magistrate - Nakasongola Magistrate Grade I - Kebisoni Magistrate Grade I - Rukungiri Nakasongola District Magistrate Grade I - Kakooge Magistrate Grade I - Lwampanga 77. Sembabule Chief Magistrate - Sembabule Magistrate Grade I - Migyera Sembabule District Magistrate Grade I - Lwebitakuli Magistrate Grade I - Nakasongola Magistrate Grade I - Mateete 68. Nakawa Chief Magistrate - Nakawa Magistrate Grade I - Ntuusi Magistrate Grade I - Sembabule of Kampala Magistrate Grade I - City Council Authority Magistrate Grade I- Luzira 78. Sironko Chief Magistrate - Sironko Magistrate Grade I- Nakawa Sironko District Magistrate Grade I - Bulambuli Magistrate Grade I- Magistrate Grade I- Buwalasi 69. Nebbi Chief Magistrate - Nebbi Magistrate Grade I - Kamu Magistrate Grade I- Mutufu Nebbi and Zombo Districts Magistrate Grade I - Nebbi Magistrate Grade I - Pakwach Magistrate Grade I - Sironko Magistrate Grade I - Parombo 79. Soroti Chief Magistrate - Soroti Magistrate Grade I - Phaidha Magistrate Grade I - Bugondo Magistrate Grade I - Zeu Soroti and Serere Districts Magistrate Grade I - Kyere Magistrate Grade I - Zombo Magistrate Grade I - Serere 70. Ntoroko Chief Magistrate - Ntoroko Magistrate Grade I - Soroti Ntoroko District Magistrate Grade I - Karugutu 80. Tororo Chief Magistrate - Tororo Magistrate Grade I - Ntoroko Tororo and Butaleja Districts Magistrate Grade I - Butalejja Magistrate Grade I - Rwebisengo Magistrate Grade I- Buteba 71. Ntungamo Chief Magistrate - Ntungamo Magistrate Grade I- Malaba Ntungamo District Magistrate Grade I - Rwashamire Magistrate Grade I- Mukuju Magistrate Grade I - Bwongyera Magistrate Grade I- Mulanda Magistrate Grade I - Ntungamo Magistrate Grade I- Nagongera Magistrate Grade I - Rubaare Magistrate Grade I- Tororo Magistrate Grade I - Ruhama 81. Wakiso Chief Magistrate - Wakiso Town 72. Oyam Chief Magistrate - Oyam Kakiri, Wakiso Council, Masulita and Namayumba Oyam District Magistrate Grade I - Aber sub- counties, Wakiso District Magistrate Grade I- Acaba Magistrate Grade I - Kakiri Magistrate Grade I - Anyeke Magistrate Grade I - Nansana Magistrate Grade I - Icheme Magistrate Grade I- Wakiso Magistrate Grade I - Ngai Chief Magistrate - Yumbe Magistrate Grade I - Otwal 82. Yumbe Yumbe District Magistrate Grade I - Omugo Magistrate Grade I - Oyam Magistrate Grade I - Yumbe

Summary Courts Operational Courts Additional Courts Total Supreme Court 1 0 1 Court of Appeal/Constitutional Court 1 0 1 High Court Division 8 0 8 High Court Circuits 14 6 20 Chief Magistrates’ Court 38 44 82 Independent Magistrate Grade One Courts 112 272 384 TOTALS 174 322 496

28 THE JUDICIARY INSIDER | Special Edition - 2017 1

1 A cross-section of government Highlights of the leaders after the opening of the New Law Year at the High Court in Kampala on January 30th. New Law Year 2 Chief Justice Hon. Bart The deal: Celebrations to mark this year’s opening of the Katureebe has a light moment New Law Year, for the first time in many years, attracted the with the Speaker of Parliament, heads of the three arms of the state. Rt. Hon. Rebecca Kadaga during the event. Looking on is Deputy Speaker, Hon. Jacob Who attended: The Vice President, Hon. Edward Kiwan- Oulanyah. 2 uka Ssekandi of the Executive arm of the State, presided over the event; whereas the Speaker, Hon. Rebecca Kad- 3 L-R: The Chief Justice(L) Vice President Hon. Edward aga, Deputy Speaker, Hon. Jacob Oulanyah, appeared for Kiwanuka Ssekandi and the Parliament; and the host, the Chief Justice, Hon. Bart M. Principal Judge shortly after Katureebe for the Judiciary. the opening of the New Law Year ceremony.

A first: For the very first time, the Judiciary administration 4 Hon. Bart Katureebe and organised a luncheon for all invited VIPs, staff members, Guyana’s Head of the Judiciary, members of the Uganda Law Society (lawyers) and other Justice Carl Singh. invited guests. 5 L-R: The Speaker of Parliament, Rt. Hon. Rebecca Kadaga, Appeal: Hon. Justice Katureebe called upon the govern- Chief Justice, Hon. Bart M. ment to consider increasing the budget of the Judiciary so Katureebe, Commissioner as to have more criminal sessions and tackle case backlog General of Prisons, Dr. Johnson Byabashaija and Deputy saying failure will impact on the citizens especially those Inspector General of Police who have spent many years on remand in prison without John Martin Okoth-Ochola. 3 their cases being heard in a long time.

4 5