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Magazine Issue 03 | April - October, 2015

INSIDE: Judicial officers should retire with benefits- Museveni

Meet the newly Hotlines to boost fight elevated Justices against corruption

Judges pose with President after a meeting at State House, Entebbe on September 2. New Judiciary Committees

Judiciary Editorial Board What you need to know

Dear colleagues and friends of the Judiciary, on June 11, 2015, the Hon. Chief Justice, Mr Bart Katureebe, inaugurated the Judiciary Editorial Board Committee.

s chairperson thereof, I take this Our duties are to regularly plan, poor internal communication, a opportunity to introduce my review and approve the content of negative public mindset towards the Ateam which includes Mr. Gad- official positions of the Judiciary which Judiciary and many others. However, it enya Paul Wolimbwa (Chief Registrar), are intended for the public; enhance is our hope that with your concerted Mrs. Dorcas Okalany (Secretary to and sustain information sharing and effort, we can achieve what we have set the Judiciary), Mr. Eliasa Omar Kisawuzi communication within and outside the out to do. We keep our communication (Registrar/PRO), Ms. Jessica Chemeri Judiciary with the view to improving lines open for ideas and means on how (Senior Law Reporting Officer) and Mr. public trust and confidence in the to take our Judiciary to greater heights Solomon Muyita (Senior Communica- Judiciary; create general awareness and call on all of you not to take the tions Officer). about the courts in ; oversee back seat. the branding of the Judiciary to improve

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U Our mandate includes the enhancement its image and the production of The Together we can! GAN DA of effective administration of justice Judiciary Insider magazine and other by judicial officers and streamlining publications from time to time. Lady Justice - Ssali information flow from the Judiciary High Court Judge/ to the public that we serve. We strive In pursuing these duties, we have Chairperson, Judiciary Editorial Board to maximise modern methods of challenges of inadequate resources, communication and social media to promote greater public understanding of the work of the Judiciary.

We also have the task of educating the public about the law and systems within the Judiciary so as to empower them to effectively take up their role in the administration of justice. We are also tasked with rebranding the image of the Judiciary so that we stave off internal and external frauds. This will EDITORIAL BOARD (L-R): Solomon Muyita, Gadenya Paul Wolimbwa, ultimately improve the reputation and Justice Lydia Mugambe CJ - Bart Katureebe, PJ - Dr Yorokamu integrity of the Judiciary. Bamwine, Eliasa Omar Kisawuzi and Jessica Chemeri.

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DIC JU IA E R Besides the Editorial Board, the Chief Justice Hon. H Y T

U GAN DA Bart Katureebe also inaugurated the following two Magazine Issue 03 | May - Oct, 2015 Committees:

Bench Book Committee INSIDE: Judicial officers should retire Name Status with benefits- Museveni Meet the newly Hotlines to boost fight elevated Justices against corruption Justice John Wilson Supreme Court/Chair- Tsekooko person Justice Court of Appeal/member Judge David Wangutusi Head of Commercial INSIDE... Court/member Frank Nigel Othembi Director Law Develop- 4 | Retire with your benefits - Museveni ment Centre 6 | Meet the newly elevated Justices Ruth Sebatindira President Uganda Law Society 12 | Updating procedural laws takes shape Festo Nsenga Assistant Registrar/ Com- 14 | Judiciary through the lens mittee Secretary. 16 | How the bomb trial has changed the High Court Bench Book Committee: It is tasked to review the Draft Civil Justice Bench Book to make it conform to the laws of 19 | Legal Aid Scheme in the offing Uganda; make recommendations for improving the draft; present the Book in an easy-to-read language and style; 20 | Judiciary hotlines to boost the fight against corruption and advise the Chief Justice on the most cost effective way of publishing and disseminating Bench Books, among 22 | First 100 days of Chief Justice Bart Katureebe other things. 24 | US Judge tips the Judiciary on appellate mediation Bar/Bench Committee Members 26 | The Administration of the Judiciary law Name Status 28 | The Judiciary will miss Roy Milton Byaruhanga Justice Fredrick Egonda Court of Appeal/Chair- Ntende person Justice Esther Kisaakye Supreme Court/Member EDITORIAL TEAM Justice Lawrence Gidudu High Court/member Mike Chibita Director of Public Prosecu- Solomon Muyita Snr Comms Officer/Editor tions/Member Sheila Wamboga Communications Officer/writer Paul Gadenya Chief Registrar/Member Peter Mugeni Design/Layout Representative of the Member Deo Akugizibwe Photography Attorney General Emmy Vincent Mugabo President Uganda Judicial Special Contributors Officers Association/ Member Paul Gadenya Chief Registrar Ebert Byenkya Uganda Law Society/ Dorcas W. Okalany Sec. to the Judiciary Member Eliasa Omar Kisawuzi Public Relations Officer Musa Kabega Uganda Law Society/ Member Jessica Chemeri Senior Law Reporting Officer Lillian Drabo Uganda Law Society/ Member Publisher Soogi Katende Uganda Law Society/ Member The committee is mandated to foster a good working relationship between the lawyers and judicial officers in Email: [email protected] the delivery of justice.

THE JUDICIARY INSIDER | April - October 2015 3 Cover Story

Newly elevated Justices of the Court of Appeal and Supreme Court after swearing-in at State House, Entebbe - October 23. Retire with your benefits - Museveni President Yoweri Museveni wants all judicial officers to retire with 100 per cent of their service benefits as a way of maintaining stability in their earnings in old age.

he president, who has practice earn a lot, but all we need Responding to a presentation by the tagged the Judiciary as the to do for the judicial officers is to Chief Justice, Hon Bart M. Katureebe, T State’s “special operations maintain stability in their earnings on the transformation of the Judiciary wing” in two engagements has until the end. Ideally, they should not for National Development, President affirmed that government has ad- regret why they joined the bench,” Museveni cited Universal Primary equate resources to foot the bill. the president added. Education and Universal Secondary “Judges should retire at full pay Education that were initiated by and full facilities,” said Mr Musev- He decried the lack of continuous government following a steady tax eni. dialogue within the three arms of collection regime. government; the Executive, the He first made the remarks during his Legislature and the Judiciary. “We thought having these children September 2 special meeting with more in school was unavoidable. When than 60 judges, and then on October “We only talk about sharing tax collection improved from Shs2.8 23 during the swearing-in ceremony of resources which is not enough. billion in 1986 to Shs728 billion in the newly appointed Court of Appeal We must understand, what does 1997, we started UPE. The number and Supreme Court Justices. the State want to do? There’s of children in school jumped a weakness of harmony and from the initial Shs2.5million to “I know that lawyers in private orientation of strategy,” he said. Shs8.8million.

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The problem is that with policies country run by the United Nations,” would support the Shs36 billion five- and prioritization, the Judiciary is not he said, adding that peace is enabling year ICT strategic plan to roll out involved and that is why they don’t Uganda to get more money. a robust case management system get the logic and factors taken into providing for E-filing to reduce account,” he said. “I can speak authoritatively that we timelines and loss of files. have one institution that has given The President said with tax you exemplary service cheaply. It’s not The Chief Justice Bart Katureebe, collection now at Shs12,000 billion a story, it’s not something I read in a commended President Museveni for annually, government has invested in book, I have it here on good record,” eliminating extra Judicial killings in the infrastructure development in the he said. country. He, however, pointed out education, health, roads and electricity that the Judiciary has rental arrears sectors. He urged the Judiciary to improvise of Shs3 billion and that the Supreme in line with housing for the courts and Court may be up for eviction if “Public service increased teachers proposed institutional housing for nothing is done urgently. from 80,000 to 160,000 with judicial service officers. increased classrooms. There was load Hon. Katureebe said with a 46 per shedding which has stopped. We were President Museveni said the cent growth in the budget from spending very little of our money Government was fully committed Shs63 billion in 2012/13 to Shs92 on infrastructure and depended on to providing vehicles for all judges billion in 2014/15, performance donors,” he said. and Magistrates in the country also improved by 49 per cent from and proposed that they establish 102,000 cases in 2010/11 to 152,000 The President said every years, a SACCO that government could cases disposed of in 2014/15. government now spends Shs3,000 facilitate. He said that the government billion on roads, Shs1,700 billion on would soon fund medical check-up Editor’s note: During the electricity and quite a bit on the army. for them in health facilities of their meeting, the Chief Justice unveiled his choice within the country. transformation plan for the Judiciary. President Museveni added that Details of this will be contained in our

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U government has put more effort on President Museveni said government next issue of the Judiciary Insider. GAN DA the construction of roads in all parts of the country using locally generated resources. He said roads would have a big impact on the national economy because they would serve for a long time and provide an opportunity to address other important sectors that need to be funded.

“We spend quite a bit on the army to be able to build a strong army although soldiers get low wages. Amin’s soldiers were well paid but had no weapons. But we said weapons first. We brought peace cheaply with most of our soldiers sleeping in Maama ingia pole. If we A cross-section of Judges at the September 2 meeting with President did not do this, we would have our Yoweri Museveni.

THE JUDICIARY INSIDER | April - October 2015 5 Judicial Appointments

Justices Rubby Opio and were among the five justices elevated to Supreme Court.

Meet the newly elevated Justices

On September 8, President Yoweri Museveni elevated 11 judges to higher courts and appointed a senior lawyer to the Court of Appeal. The move effectively increased the number of Supreme Court Justices to nine and the Court of Appeal/Constitutional Court Justices to 14.

o the Supreme Court, the The seventh appointee, Cheborion new appointees promised to focus president appointed Justices: Barishaki, was previously the Director on clearing the case backlog in the TAugustine Nshimye, Faith of Civil Litigation in the Attorney Supreme Court and the Court of Mwondha, Opio Aweri, Eldad Mwan- General’s Chambers. Appeal/Constitutional Court. gusya and Prof. Lillian Tibatemwa– Ekirikubinza. All the five Justices were All the new appointees were Backlog in the Supreme Court elevated from the Court of Appeal. successfully vetted by the stands at 70 cases; Court of Appeal Parliamentary Appointments 3,598 cases – 230 of which being The president also appointed seven Committee chaired by Speaker matters pending hearing and Justices to the Court of Appeal; six of of Parliament Rebecca Kadaga on resolution before the Constitutional them promoted from the High Court. September 15. They are now set to Court. For the High Court, which is These are: Alphonse Owiny-Dollo, take up their new tasks. now left with only 43 judges from Elizabeth Musoke, , the original 55, has 8,000 criminal Simon Byabakama, Catherine During their interface with the cases of a pending trial and 21,000

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U Bamugemereire and Hellen Obura. Appointments Committee, the civil cases. GAN DA

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Who is who: The Supreme Court

Hon. Justice Augustine a year later as a Magistrate Grade She was confirmed a Chief Magistrate Nshimye Ssebuturo (69) One. He rose through the ranks to in 1990. He was become a High Court Judge in 1998. appointed to the He holds a Masters of Laws degree She holds a Bachelor of Laws degree Court of Appeal/ from and a post- from Makerere University (1977), a Constitutional graduate diploma in Law from the Law postgraduate Diploma in Legal Practice Court in 2008. Development Centre. Hon Justice from the , He previously Aweri has also undertaken various and a master’s degree in Business served as a international courses in democracy Law from De Montfort University in legislator and and good governance, negotiation and Leicester (2006). minister before joining the bench. mediation skills, among others. Hon. Justice Eldad As an MP, he was a member of the Hon. Lady Justice Faith Mwangusya (65) Legal and Parliamentary Affairs Mwondha (63) He was Committee. Hon. Justice Nshimye She was appointed to the Court appointed to the began his legal career as senior clerical of Appeal/Constitutional Court in Court of Appeal/ officer in 1967. 2013. She has served the Country in Constitutional various capacities, but is better known Court in 2013. In 1986, he was appointed Deputy for her role as Inspector General of Before that, Chief Registrar, a post he held for Government from 2005 to 2013. Hon. Justice two years before going into private Mwangusya practice. Justice Mwondha’s tough stance was the head of the High Court against corruption saw her lock horns Civil Division. He began his career as In 2008, he was appointed a Justice of with a number of politicians whom she a State Attorney in 1976 and rose the Court of Appeal and in 2010, he had investigated and prosecuted. As such, through the ranks to become Principal a brief sojourn as acting Justice of the the media branded her the “iron lady.” State Attorney. In 1997, he went into Supreme Court. Justice Nshimye is the private legal practice but was called vice chairperson of the Judicial Integrity Due to her zeal and passion as back to the Judiciary and appointed Committee and is also a member of Ombudsman, the Inspectorate of a High Court Judge. He was named the Judicial Performance Enhancement Government was feared by many the Resident Judge of Fort Portal and Committee. Previously, he served as politicians and public servants. Justice Masaka circuits. He was appointed the vice chairperson of the Judicial Training Mwondha stood out as an anti- Deputy Head of the International War Committee. He holds a degree in Law corruption czar. Crimes Division and later head of Civil from Makerere University, a diploma Division. in Project Planning and Management, Before her appointment to the among other qualifications. Inspectorate of Government, Justice Hon. Justice Mwangusya also served Mwondha served in the High Court. in the Commission of Inquiry into the Hon. Justice Rubby Opio She was also a member of the Uganda Escape of Prisoners from Murchison Aweri (62) Human Rights Commission and a Bay Prison and the Commission of He was appointed to the Court of member of the National Resistance Inquiry into the Uganda Posts and Appeal/Constitutional Court in 2013. Council for Butembe County. She was Telecommunications Corporation. He started his career as a legal assistant also the Jinja Woman Representative in He was also a member of the Non- in 1982, before joining the Judiciary the Constituent Assembly in 1994-95. Governmental Organisations Board.

THE JUDICIARY INSIDER | April - October 2015 7 Judicial Appointments

Hon. Lady Justice Prof. Lillian in Uganda, the first woman to be from Makerere University and a post Tibatemwa Ekirikubinza (54) appointed an associate professor and graduate Diploma in Legal Practice She has been a full professor of law in East Africa. from the Law Development Centre in serving at the . Court of Appeal/ Lady Justice Prof. Tibatemwa has special Constitutional interest in women’s right to education She is also an author, with a number Court since 2013. and has been recognised by the Forum of publications to her name including: Hon. Tibatemwa for African Women Educationalists. Women’s Violent Crime in Uganda; was appointed to More Sinned against than Sinning the bench from She has also done extensive research (1999); Offenses Against the Person; Makerere University where she on quality assurance in institutions of Homicides and Non-fatal Assaults in was the Deputy Vice-Chancellor in higher learning. She holds a Masters in Uganda; Criminal Law in Uganda and charge of academics. She was the Commercial Law from the University Sexual Assaults and Offenses Against

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U first woman to obtain a PhD in Law of Bristol, UK, a Bachelors of Law Morality. GAN DA

Who is who: Court of Appeal

Hon. Justice Owiny-Dollo (59) Hon. Lady Justice Elizabeth adhoc committee mandated by the He is a legal Musoke (58) United Nations to negotiate the UN practitioner She is currently attached to High Convention against Corruption, signed who has also Court as the Deputy Head of the Civil in December 2003 in Merida, Mexico. had a stint in Division. Hon. Justice Musoke started politics as a her career in the Solicitor General’s Hon. Justice Paul Kahaibale legislator. Hon. Department of Civil Affairs; first as a Mugamba (64) Justice Dollo Pupil State Attorney and then rose Hon. Justice Paul also served through the ranks to become a Senior Mugamba has a minister and private advocate State Attorney. more than 39 before he was appointed a High years’ professional Court Judge in 2008. While in She also served as Principal State experience. He private practice, he was one of the Attorney. Previously, she was the Chief began his career lawyers invited by Lord’s Resistance Legal Advisor to the Inspector General in 1976 as a State Army rebel leader Joseph Kony of Government. Attorney with to the jungles of Garamba in DR the Ministry of Justice. He later left Congo to enlighten him (Kony) on Hon. Justice Musoke is a member of the Ministry for a teaching sojourn in the procedures of the International the Judicial Integrity Committee (JIC). Zambia. He went into private practice Criminal Court that had indicted Between 2011 and 2013, she headed in 1987 until 2000 when he was him. the report writing teams. appointed High Court Judge.

At the time of his elevation to the She co-authored Before his elevation to the Court of Court of Appeal/Constitutional Court, a draft abridged Appeal/Constitutional Court, he headed Hon. Justice Owiny-Dollo was hearing version of the the High Court Anti-Corruption the highly billed trial of the 13 suspects East African Treaty. Division. accused of masterminding the July 2010 Hon. Justice twin bombings in Kampala that left Musoke was Before joining the bench, he was a about 80 people dead. also part of the member of various boards of governors

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including, Nyakasura School, Uganda Bamugemereire He has also been on a number of Technical College Kichwamba, Ruteete has written Government teams that negotiated loans Secondary School and Buhinga Hospital and presented with World Bank, African Development in Fort Portal. extensively on Bank, the Inter Governmental Authority corruption. on Development (IGAD) and the Arab Hon. Justice Simon Byabakama Islamic Bank. (58) She was also the He worked with the Directorate of Deputy Head of Hon. Justice Hellen Abulu Public Prosecutions (DPP) as Deputy the High Court Family Division. Obura (51) DPP for many years and prosecuted She joined the many high-profile She holds a Bachelors of Laws Degree Ministry of cases before his from Makerere University, a Masters Justice as a State appointment as Degree in Comparative Laws from the Attorney and High Court Judge. Southern Methodist University in Dallas rose through the Texas, USA. ranks to become Hon. Justice Principal State Byabakama served Hon. Justice Cheborion Attorney. as the pioneer State Barishaki Attorney in Masindi district and was He is a senior lawyer who has worked Hon. Lady Justice Obura served as promoted to Senior State Attorney. He with Ministry of Justice for more than Secretary to the Uganda Law Council was later transferred to the head office 25 years, rising through the ranks to as well as the Rules Committee in the in Kampala where he was promoted to become the Director of Civil Litigation. Ministry of Justice and Constitutional Principal State Attorney. Affairs, before her appointment to the He has represented Government in High Court in 2010. Justice Byabakama also served as a number of high-profile cases both acting Director of Civil Litigation in local and in international jurisdictions, She holds a Bachelors degree in the Attorney General’s chambers. He including the East African Court, Law from the University of Dar- was also the lead prosecutor in rape the Common Market for Eastern es-salaam, Tanzania, and a Masters case against opposition figure Dr. Kizza and Southern Africa Court and the degree in Business Administration Besigye. International Court of Justice. from the Eastern and Southern Africa

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U Management Institute. GAN DA Hon. Lady Justice Catherine Bamugemereire (46) She has been a High Court judge since 2010 and is currently chairing the Commission of Inquiry into the Uganda National Roads Authority. She also headed the Commission of Inquiry into the wrangles at Kampala Capital City Authority.

She previously worked as an associate lecturer at the University of Surrey in Guildford, UK and served as a State Attorney before joining the bench as Grade One Magistrate. Hon. Justice Hon Justice Cheborion Barishaki, the new member of the bench.

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New Court of Appeal Justices: Obura and Bamugemereire. Judicial Deployments

Deployments at High Court divisions and circuits No. Name Current Station New Station Status 1. Hon. Justice Albert F. Rugadya Atwoki Criminal Division Masindi 2. Hon. Justice Ezekiel Muhanguzi ICD /ACD Execution & Bailiffs Division Head 3. Hon. Lady Justice Margaret O. Oguli Masaka Civil Division Deputy Head 4. Hon. Lady Justice Jane F.B. Kiggundu ED/ JSI Family Division 5. Hon. Justice Wilson Masalu Musene Central Circuit – Nakawa Criminal Division Head 6. Hon. Justice Henry P. Adonyo Commercial Executive Director/JSI 7. Hon. Lady Justice Flavia S. Anglin Commercial Execution & Bailiffs Division Deputy Head 8. Hon. Lady Justice E.K. Kabanda Land Division Criminal Division 9. Hon. Lady Justice Jessica N. Ayebazibwe Mbale Land Division 10. Hon. Lady Justice Damalie N. Lwanga. Land Central Circuit- Nakawa

No. Division Status 3. Hon. Lady Justice E.I. Nahamya Also attached: A Criminal Division Central 1. Hon. Justice Wilson Masalu Musene Head (in- Circuit - coming) Mubende H EXECUTION & BAILIFFS DIVISION 2. Hon. Justice Joseph Murangira Deputy Head 3. Hon. Lady Justice E.K. Kabanda (In-coming) 1. Hon. Justice Ezekiel Muhanguzi Head B Civil Division 2. Hon. Justice Flavia S. Anglin Deputy Head 1. Hon. Justice Stephen Musota Head No. Circuit Status 2. Hon. Lady Justice Margaret Oguli Deputy Head Central Circuit- Nakawa 3. Hon. Justice Benjamin Kabiito 1. Hon. Lady Justice Damalie N. Lwanga Head 4. Hon. Justice Nyanzi Yasin (incoming) 5. Hon. Lady Justice Lydia Mugambe Ssali Jinja C Family Division 1. Hon. Justice Godfrey Namundi Head 1. Hon. Lady Justice Percy Night Tuhaise Head 2. Hon. Lady Justice Basaza Wasswa P. Deputy Head 2. Hon. Lady Justice Alexandra Nkonge Deputy Head Mbarara Rugadya 1. Hon. Justice Duncan Gaswaga Head 3. Hon. Lady Justice J.F. B. Kiggundu (In-coming) 2. Hon. Justice David Matovu Deputy Head D Commercial Division Kabale 1. Hon. Justice D.K. Wangutusi Head 1. Hon. Justice Michael Elubu 2. Hon. Justice B. Kainamura Deputy Head Fort Portal 3. Hon. Justice Madrama Izama C. 1. Hon. Justice D.N.A Batema E Land Division Masindi 1. Hon. Justice Wilson Kwesiga Head 1. Hon. Justice A.F. Rugadya Atwoki 2. Hon. Justice Dr. Andrew Bashaija Deputy Head Gulu 3. Hon. Lady Justice E.K. Luswata 1. Hon. Lady Justice Margaret Mutonyi 4. Hon. Lady Justice Naiga Ayebazibwe (In-coming) Lira F Anti -Corruption 1. Hon. Lady Justice D. W. Nabisinde 1. Hon. Justice Lawrence Gidudu Head Soroti 2. Hon. Lady Justice Margaret Tibulya Deputy Head 1. Hon. Lady Justice Henrietta Wolayo G International Crimes Division (ICD) Mbale 1. Hon. Justice Moses Mukiibi Head / 1. Hon. Justice Henry Isabirye Kawesa attached to Family Masaka Division 1. Hon. Justice John Eudes Keitirima 2. Hon. Justice Ezekiel Muhanguzi Deputy Head Arua 1. Hon. Justice Vincent Okwanga

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Retirements (Winding-Up) Elevated – Court of Appeal 1. Hon. Justice L.N. Mukasa 1. Hon. Justice Paul K. Mugamba 2. Hon. Justice PKK Onega 2. Hon. Justice Simon Mugenyi 3. Hon. Justice Akiiki-Kiiza Byabakama Special Assignments 3. Hon. Lady Justice Elizabeth Musoke 1. Hon. Justice Henry P. Adonyo ED/JSI 4. Hon. Justice A. Owiny-Dollo 2. Hon. Lady Justice PJ/EACJ 5. Hon Lady Justice Hellen A. Obura 3. Hon. Lady Justice Elizabeth J. Alividza Study Leave 6. Hon. Lady Justice C.K. Bamugemereire Magistrates and registrars deployments and transfers

Name Designation Date Old Station New Station Charles Emuria Deputy Registrar 6 May Research & Training Family Division Muse Musimbi Assistant Registrar 6 May Family Division Executions/ Bailiffs Division Kaweesa Godfrey Chief Magistrate 18 Jun Kabale Moyo Praff Rutakirwa Chief Magistrate 18 Jun Pallisa Rukungiri Agatonica Mbabazi Ahimbisibwe Chief Magistrate 18 Jun Nebbi/Moyo Kabale Nabakooza Flavia Karungi Chief Magistrate 3 Sept Iganga Buganda Road Komakech Robbs William Chief Magistrate 1 Sept Kapchorwa Iganga & Kapchorwa Ereemye Jumire Mawanda Principal Magistrate Grade I 1 Sept Mengo Buganda Rd (In-charge Utilities) Emmanuel Baguma Principal Magistrate Grade I 6 May Nakawa Ass. Reg. Executions &Bailiffs Barore Julius Kyaka Snr. Mag. Grade I 6 May Kasangati Anti-Corruption Court Juliet H. Hatanga Senior Magistrate Grade I 10 Sept Study Leave Mengo Aanyu Margaret Magistrate Grade I 3 Aug Kiira Nakawa Phionah Birungi Magistrate Grade I 3 Aug Nakawa Kiira Nakirya Esther Magistrate Grade I 24 Jul New Buganda Road Akena Geoffrey Magistrate Grade I 24Jul New Mbale Nambozo Sanula Magistrate Grade I 24 Jul New Mbarara Nakato Josephine Magistrate Grade I 24 Jul New Rukungiri Asiimwe Albert Magistrate Grade I 24 Jul New Abim Magomu Nasuru Magistrate Grade I 6 May New Katikamu/ Nakaseke-Luwero Kasule Sumaya Magistrate Grade I 6 May New Luwero Bbosa Michael Magistrate Grade I 6 May Fort Portal Bushenyi-Rubirizi Longili Matthew Magistrate Grade I 6 May Bwera Adjumani Nyadoi Esther Magistrate Grade I 6 May Kabale Mwanga II, Kampala Nsobya Ronald Kamya Magistrate Grade I 6 May Rukungiri Kabale Adong Molly Alice Magistrate Grade I 11 Jun Mbale Kiruhura Doreen Karungi Magistrate Grade I 3 Sept Mbale Namayingo Odoi Moses Tabu Magistrate Grade II 27 Jul Mbale Kakiri Hasahya Noah Wizo Magistrate Grade II 27 Jul Bushenyi Sironko Nkurunziza Francis Magistrate Grade II 30 Jun Kaberamaido Mbarara

RETIRED JUDICIAL OFFICER: Araali Muhiirwa Kagoro, former Magistrate GI (Special Cases)/ Assistant Public Relations - now aspiring MP for Gomba West Constituency.

THE JUDICIARY INSIDER | April - October 2015 11 Law Reforms

A cross-section of judges during the validation workshop at Kabira Country Club on August 31. Updating procedural laws takes shape The government is in the process of reforming laws governing the conduct of civil and criminal matters so as to modernise the justice system and make the legal system competitive, affordable and result oriented.

ecently, the Uganda Law Reform What has been done? and Andrew Khaukha from Uganda Commission organised a judges’ During the consultation, Plea Law Reform Commission (ULRC) as Rmeeting to discuss various pro- Bargaining, appeals, re- engineering members. The team was given two posed amendments in the current of court processes in civil justice, months to make additional proposals justice system aimed at removing bot- reconsidering the role of assessors on reforms to streamline the tlenecks. Some the laws to be amend- and committal proceedings in administration of justice. Thereafter, ed include the Magistrates Court Act criminal sessions were pin-pointed the task force will submit a report (MCA) and the Trial On Indictment for the efficient justice system. To to the chief justice. These are the Act (TIA). effectively address these gaps, a six reforms being reviewed; member committee was set up by The MCA are the laws that govern the Hon. Chief Justice, Bart Katureebe. Children’s testimony in court proceedings in the magistrates court The task force is comprised Hon. Amendment to section 103 while TIA covers criminal proceedings Justice JWN Tsekooko, an acting of MCA: The testimony of children in High Court. All these laws have justice of the Supreme Court as (below 12 years) in the current been in existence for more than chairperson with Hon. Justice FMS situation and under section 101(3) 50 years and need to be tailored to Engonda-Ntende, Hon. Justice David of the (MCA) provides that where in suit the prevailing social economic K Wangutusi, Hon. Justice Stephen any proceedings, any child of tender circumstances. Musota, Hon. Justice Eva Luswata years called as a witness does not, in

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the opinion of the court, understand Local jurisdiction a report to the minister to take a the nature of an oath, the child’s The other provision proposed to be decision. The consultative meeting evidence may be received, though amended was section 105 of MCA to suggested that the section be not given upon oath if, in the opinion provide that whenever in the course amended to strip the minister of of the court the child is possessed of of proceedings under this Act, a Chief those powers to empower courts. sufficient intelligence. Magistrate is satisfied that examination The suggestion followed the land of a witness is necessary for the ends mark ruling of Justice David Batema Subsection(4) of the TIA provides that of justice and the attendance of that in a case filed by Eric Bushoborozi, where evidence admitted is given on witness cannot be procured, the who was facing murder charges after behalf of the prosecution, the accused magistrate may issue an order to any he cut off his child’s head in 2002, shall not be liable to be convicted magistrate within the local limits of claiming that he was killing a snake. unless that evidence is corroborated whose jurisdiction the witness resides Court in its ruling to strip the by some other material evidence in to take the evidence of the witness. minister of these powers reasoned support of it implicating him or her. that the courts were giving away Cross examination their judicial independence given to Justification to amend this The other proposed amendment them by the Constitution by awaiting section was section 128 of MCA that bars the ministers orders on criminal During the discussion, Mr Andrew cross examining a witness who lunatics. Khaukha, the senior legal officer, has not given evidence on oath. ULRC, explained that the demand It was proposed to amend the section Plea bargaining to have the children’s evidence by repealing the words “or to make a Under plea bargaining, parties are corroborated discriminates statement not on oath from the dock” encouraged to own up to the wrongs children which is unconstitutional. to provide for cross examination. committed. Punishments are then Mr Khaukha in his presentation negotiated with the participation of “The current provision creates a reasoned that cross examination is one the accused, prosecution and the situation of giving less weight to of the ways of testing the credibility of community. The court is consulted on the evidence of the child unless both the witness and the evidence and whether the sentence agreed upon is corroborated and yet chances if such evidence is not subjected to not a miscarriage of justice. The initiative are that the child would be more cross examination it may form part of is being piloted in the high court. At truthful. The current position affirms the court record and yet it could be the end of the roll-out, a report will be the popular yet unsubstantiated full of falsehoods, which could occasion made with a proposal to amend the notion that children are prone to miscarriage of justice. MCA and TIA to incorporate it. to lying, suggestibility, fantasy and exaggeration” said Mr Khaukha. Not guilty by reason of Canceling of bail insanity Section 168 (4) of the MCA provides What the meeting proposed Section 48 of the TIA provides that that when someone, who is accused The meeting agreed to amend when someone is charged with of a capital offence, is committed the Act by inserting new section a criminal offense but court finds to the high court, the bail issued by providing that where in the opinion out that accused was insane at the the high court elapses. In the Sam of the court a child of tender years time of committing the offense, the Kateesa vs Attorney General ruling understands the nature of an oath, court shall pass not guilty verdict. in the Constitutional Court, it was or has sufficient intelligence to Subsection (2) provides that when observed that this provision of the understand the duty of speaking the such a finding of a suspect being MCA is contrary to Article 23 of truth, that evidence does not need a insane at the time committing the Constitution. So the reforms are

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U corroboration. the offense, the court shall make intended to sync the two. GAN DA

THE JUDICIARY INSIDER | April - October 2015 13 Pictorial

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U GAN DA THROUGH THE LENS

President Yoweri Museveni speaking during a meeting with all judges at State House Entebbe on September 2. The Principal Judge poses with some of the inmates during a plea bargaining launch at Ndorwa Prison, Kabale.

Lady Justice C. Bamugemereire at her swearing-in as chairperson of the UNRA Commission of Inquiry, June 22.

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THROUGH THE LENS

The Chief Justice (2nd L) joined by other stakeholders during a tour of Jinja Prisons.

Senior Judiciary management, led by the Chief Justice during an interface with members of the parliamentary legal affairs committee in Chief Justice Emeritus, Samuel Wako Wambuzi April 2015. (R)launching his new book with former Prime Minister Prof. Apolo Nsibambi at Serena Hotel, Kampala on April 24.

Principal Judge Dr Yorokamu Bamwine at a Members of the Danida-UGOGO Steering Court Open Day at Golf Course, Mbarara. Committee at their June 2015 meeting at Serena Hotel, Kampala.

THE JUDICIARY INSIDER | April - October 2015 15 In the Court room

How the bomb trial has changed the face of Kampala High Court To many, the trial of the suspects of the 2010 twin bomb attacks in Kampala is a mixed bag - evoking memories of grief but also bringing some sort of relief. But this high profile trial before Hon. Justice Alphonse Owiny-Dollo has also changed the way court business is run.

t is one of those trials where wit- The prosecution time this matter came up, it was being nesses have been allowed to dress It is not usual for the Director of prosecuted by Joan Kagezi and we all Iin a manner they feel will not com- Prosecutions (DPP) to personally know what happened to her,” Justice promise their security - for instance appear in court and help in handling a Chibita said in his opening remarks. by putting on head gear. case but that is what happened in this matter. “The purpose of my coming here is to It is also the first case where defence see that justice is done. ” lawyers and prosecutors have been On June 8, DPP Justice Mike Chibita accorded bodyguards both in and clad in his lawyers’ professional gown He then introduced the strengthened outside court. Even the suspects are took the front seat in court on the five-member prosecution team brought from Luzira Prisons amid prosecution side. brought on board to take over from heavy security escorts. the late Kagezi. The team is led by “My Lord, we deemed it necessary , Principal State Attorney. Background to come to court because the last Hearing of the 2010 bomb case began in March 2015. The late Joan Kagezi, Senior Principal State Attorney then, was the lead prosecutor of the case. But when Kagezi was shot dead in Kiwatule, a Kampala suburb, as she returned home on the evening of March 30, a lot changed.

Her murder was linked to terrorism since some of the suspects are said to be associated with the Somalia- based radical militants, the Al- Shabaab that claimed responsibility for the July 2010 Kampala twin bombings. Following her murder, it took another 70 days for the hearing to resume. This was to allow prosecution reorganise its team.

Some of the 2010 Bomb suspects follow court proceedings at the High court in Kampala

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Security The witnesses terminated after the testimony of the Whenever the trial is in session, there His Worship Karemani said the case Rwandan witness. is heavy police deployment of Counter has been investigated by different Terrorism police personnel at the High international security agencies. As such, Assessors Court buildings. witnesses are expected to come from In normal court sessions, there are as far as the United States. This will also usually two assessors per sitting but Police dogs are strategically stationed be at taxpayers’ expense. not for this case. within the court premises. Entrance to the Court house and the courtroom “The prosecution has listed 28 “We had to employ more assessors is restricted. Security also closely witnesses from Kenyan, eight from so that in case one is unable to attend, monitors the surrounding environs. Tanzania and another eight from the there is quorum and proceedings do According to Jamson Karemani, the US,” he said. not stall,” His Worship Karemani told Registrar of the High Court Criminal the The Judiciary Insider. Division, those involved in the case “But in total, the prosecution has lined – the state attorneys and defence up more than 100 witnesses. This Restrictions lawyers – have been assigned guards number is rare but because of the On days when the case is being heard, at the State’s expense. The security complexity of the case, it was allowed there are several checkpoints at the of the presiding judge has also been because the suspects are alleged High Court premises and security enhanced. to have been operating across the officers have different lists of individuals borders,” he added. accredited to attend the trial, including Some of the keys witnesses have been journalists. put under a special witness protection The State is expected to meet all their programme because of the sensitivity travel expenses - inland and abroad as Each of the accused is only allowed of the matter at hand. well as pay for accommodation and one relative in the courtroom. This meals. relative has to be clearly identified by the suspect before they are brought “The judge has had to adjust court in. The defence lawyers and the five rules to allow witnesses wear head- state prosecutors are also allowed gear and other camouflage to disguise free access into the court premises. their identities, for their safety,” H/W Similarly, during trial, vehicles are not Karemani adds. allowed to park within the court premises or outside for security Interpreters reasons. Those who insist on parking There are 13 accused persons in this at the court premises, have had their case from Uganda, Kenya, Tanzania, vehicles towed away at their expense. Rwanda and Somalia. There are Swahili and Rwandese speakers. The State had Transportation to bear the cost of hiring interpreters. In other trials, all accused persons The in-house Swahili interpreters could on remand are brought together not be used because of the difference to attend court. But in this unique in dialect. As such, the services of a trial, the suspects are a “special case” Kenyan interpreter were sought. who are exclusively chauffeured with heavy escort provided by the counter This person has to be in court terrorism police. whenever the case is being heard. The Rwandan interpreter’s services were The bus that transports the 13 Some of the 2010 Bomb suspects follow court proceedings at the High court in Kampala

THE JUDICIARY INSIDER | April - October 2015 17 In the Court room

suspects accused of involvement officers and lawyers both from the in the twin Kampala bombings, is 13 prosecution and defence involved escorted by several security cars. The Suspects accused in this matter are given adequate convoy moves at breakneck speed of playing a role in security to avert any setbacks. with full headlamps from Luzira the twin bombing at The suspects Prisons to the High Court and back. Kyadondo Rugby Club Traffic on the roads near the court The 13 suspects are accused of premises is temporarily blocked and Ethiopian Village playing a role in the twin bombing when the prisons bus, carrying the Restaurant in Kampala. of football fans watching the 2010 suspects, is entering or exiting the World Cup final between The premises. expenditure for the case is Shs300m. Netherlands and Spain at Kyadondo An exorbitant amount that is justified Rugby Club and Ethiopian Village The evidence supporting the case is due to the sensitivity of the case. Restaurant in Kabalagala, Kampala carried in a big metallic box by police killing more than 76 people and in a separate vehicle. The documents Why all the fuss? leaving scores injured. The suspects have to be secured since the case Many people have wondered why face charges ranging from; terrorism, depends on this evidence. the case has been given all this murder, attempted murder and being prominence and has taken nearly accessories to terrorism. Cost five years to be heard. Well, before To ensure all the loose ends are tied, the trial resumed, top officials from There is no doubt, this is a case this has come at a cost. Ideally, Shs1m the Police, Prisons, the DPP and the where many people have vested is allocated to hear an ordinary case Judiciary met to discuss the security interests and as such its conclusion is

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U but not for this matter. The projected modalities to ensure that the judicial eagerly awaited. GAN DA

The 2010 bomb trial suspects are exclusively chauffeured with heavy escort.

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Legal Aid Scheme in the offing Uganda, like many African countries, has been developing a policy document for legal aid. Legal aid is the provision of free or subsidised legal services to poor and vulnerable people who cannot afford to hire lawyers.

t the third National Legal Aid Conference in August, Presi- Adent Yoweri Museveni empha- sised that the line Ministry of Justice and Constitutional Affairs would table a Bill for the provision of free legal ser- vices to Ugandans.

“In 2014, I made a commitment that government would enact a law on Legal Aid and I would like to assure Ugandans that in due course, a Legal Aid Bill will be introduced in Parliament,” he said.

“The proposal for a National Legal Aid Scheme is very welcome and L-R: Christine Birabwa, the National Coordinator Justice Centres Uganda with President Yoweri Museveni and the Chief Justice during is part of the NRM Government’s the National Legal Aid Conference, on August 10. cherished desires to restore the rule of law in Uganda…the justice system,” he said. As it is now, the provision of legal aid has scheme will buttress our efforts to been left to civil society organisations promote sustainable development, The President said, the establishment that do it out of their goodwill, with prosperity and enduring peace.” of a holistic legal aid system in Uganda funding mainly from foreign donors. is long overdue and must be supported The President commended the by government. Steps taken Justice Law and Order Sector for its With support from the Democratic efforts in ensuring that ordinary and Deputy Attorney General Governance Facility (DGF) in vulnerable people who go to the Hon. Mwesigwa Rukutana said the consultation with other state and non- courts in search of justice indeed get conference created awareness about state actors, the Justice Law and Order justice. ongoing efforts to write a policy, law Sector developed the National Legal and create a national legal aid institution. Aid Policy which is now before cabinet He, however, said it would be futile if the for consideration. delivery of justice remains slow, urban- Underscoring the essence of legal aid, based and limited to court rooms. he said: “Article 21 of the Constitution After that process, the National Legal of the Republic of Uganda provides Aid Bill will be tabled in Parliament. “Cases take too long to resolve, for equality before the law. To ensure When passed, this law will create a resulting in poor administration of equality of all persons before the law national body mandated to provide justice…the common person needs and to enhance access to justice, the legal aid services across all areas of the

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THE JUDICIARY INSIDER | April - October 2015 19 Hotlines

New Judiciary hotlines to boost the fight against corruption The Judiciary has introduced telephone hotlines to enable its clients give feedback on issues in the courts of law and matters concerning judicial officers. This is one of the several initiatives of Chief Justice Bart Katureebe to strengthen public confidence in the Judiciary.

ne can now send a text According to the Chief Justice, message to mobile phone with the SMS hotlines, anyone can hotlines – 0776- send precise feedback, reporting 709-100,O 0703-707- incidents of unprofessional 085 and 0794-702-085 conduct against judicial officers to raise a complaint or com- and court support staff. pliment any judicial officers and/or support staff. Please Provide evidence note that these are not call num- To that effect, the Chief Justice bers; they are strictly for Short urged court users who Message Service (SMS). have evidence of any wrongdoing in the courts Justice Katureebe announced to text the information the SMS hotlines in May in his on the SMS hotlines so that continued effort to fight corruption the reports are investigated and in the Judiciary. It’s expected that forwarded for disciplinary action. the three SMS hotlines will enable the public report any misconduct “Give us the facts on any form of in the courts. statement. malpractices by our staff and we shall follow up and take appropriate Over the years, several transparency Gadenya Paul Wolimbwa, the action,” said the Hon. Chief Justice. reports, including those done by Chief Registrar of the Courts of the Inspectorate of Government Judicature said the hotlines are With this measure and many more (IGG), the Uganda Human Rights the first step in a continuous to be announced, it is hoped that Commission and non-state actors, process to open up communication corruption and other malpractices have ranked the Judiciary among between the Judiciary and the will be gradually eliminated in the the most corrupt institutions in the public. This will also strengthen the Judiciary. country. complaints handling mechanism in the institution. “In the near future, we shall have “We are determined more than a revamped and well-resourced ever before, to fight corruption The Judiciary will soon establish Inspectorate of Courts; we will and malpractices in the courts. We a Customer Service Centre at provide Information, Education are tired of the Judiciary always the High Court in Kampala to and Communication materials to appearing on the list of the most aggressively reach members of empower the people to use the corrupt institutions in Uganda,” the public who use the Internet, courts, even without a lawyer,” said Chief Justice said in a press including social media. Hon. Justice Katureebe.

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He promised that the SMS feedback His Worship Gadenya said it’s evidence of corruption against messages will be confidential and important for a highly centralized some judicial officers to present it safely stored. institution like the Judiciary to use to him. a multiplicity of communication In April, Hon. Justice Katureebe channels because most people do He said his administration would not announced plans to strengthen the not come to court. defend or protect corrupt staff or Inspectorate of Courts to conduct judicial officers. “…furnish me with more adhoc court inspections, “We will receive the complaints the evidence in your possession so under the leadership of a Supreme and deal with them promptly. We that the necessary course of action Court justice. request the complainants to give us is taken in accordance with the law a little more information for proper and the Constitution…Let us work The institution is also conducting follow-up purposes,” he said. together to improve and strengthen continuous public engagement the administration of Justice in our programmes with civic leaders and To bolster the fight against country,” Hon. Justice Katureebe‘s court users in different parts of the corruption in the third arm of letters to the different individuals country, to explain the functions government, the Chief Justice read in part. The individuals have of the Judiciary and the courts at recently wrote to individuals who responded and their information is

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THE JUDICIARY INSIDER | April - October 2015 21 Milestone

First 100 days as CJ

hief Justice Bart Katureebe Another promise has made his first 100 days in “I will strengthen the inspection office.The Inside Judiciary Mag- arm of the Judiciary so that some of Cazine now looks back at Justice Katu- the malpractices that are reported reebe’s news-packed engagements in in the institution, especially in the the last three months. lower Bench, can be checked.” The Chief Justice was also concerned On March 20, Chief Justice Bart that sometimes people could be Katureebe was sworn in by President working but if they are not properly Museveni at Entebbe State House, supervised, they will not deliver. concluding a long recruitment He said there were cases of some and appointment process. Justice magistrates reporting to work at Katureebe officially took on the 11am or midday and yet courts are Judiciary’s highest office on April 9 supposed to be open for people by and started on his journey to steer 9am. the institution that had run without a substantive Chief Justice for more than “I believe with a strong administration two years. and supervision we can check that. But to achieve that, it’s not a matter of Immediately he assumed office, as opening the lines of communication Justice Katureebe made promises to with the other branches of the people of Uganda. After spending government but also improving more 100 days in office, we assess the internal cohesion to discuss with other promises. leaders of the court. For example, the Constitution says the Deputy Chief “I cannot make it without the efforts Justice administers the Court of of the other organs of government. I Appeal and the Constitutional Court am now going to dig up the contacts on behalf of the Chief Justice.” of some members of the Legislature and Executive and I will be knocking at This means there must be an open their doors for help,” said Hon. Justice channel of communication between Katureebe. the CJ and the DCJ to run that court so that the justices there feel free to He was speaking in reference to his come to the CJ in the event that there Legal Affairs, Justice Katureebe asked predecessor Justice Benjamin Odoki is a matter that can’t be resolved by Parliament to allocate more funds for who had urged the new CJ to interact the Deputy Chief Justice. This will call the under-funded priorities over the with the Executive arm of the State, for regular meetings with the Deputy medium term to enable the Judiciary saying the independence of the Chief Justice so that matters of effectively discharge its mandate. Judiciary was very sensitive, and that administration can be smoothed out the Judiciary would remain “irrelevant” and internal cohesion enhanced.” Targets if it does not engage the other arms of The Judiciary previously worked government. In his first interaction with Members without clear targets but the institution of the Parliamentary Committee on has now adopted targets for judicial

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System the Judiciary has developed “This will cost Shs23.3billion over to evaluate all judicial offices including the medium term but we require judges. 7.8 Billion in 2015/16 for this phased approach.” The Magisterial Areas have also been increased from 39 to 82, and this is Justice Katureebe’s appointment expected to significantly improve as the head of the third arm of the access to justice and enable the state was widely welcomed by people courts to serve Ugandans better. A across the board. magisterial area is headed by a Chief Magistrate. Soon after his appointment in March, Justice Katureebe announced that “We, therefore, plan to increase the fighting corruption in the Judiciary number of Magistrate G.1 from the would be one of his top priorities. He current 148 to 250. The recruitment has since sent an appeal to all citizens, of an additional 82 Magistrates not only to speak out against corruption should be done in [the next] one in the Judiciary, but come out and help year for the impact to be felt. This him find a solution to the vice. will require 10 billion shillings,” Hon. Justice Katureebe told MPs. Indeed, the Judiciary has already released three SMS hotlines for He added that in a bid to actualize the public to report any errant and the professionalisation of the bench, corrupt judicial officers. In recent the Judiciary was phasing out the lay years, various anti-corruption agencies Magistrate G.II cadre. have consistently ranked the Judiciary among the most corrupt government “The current 13 High Court Circuits institutions. mean that people have to travel very long distances in search of Justice. A In one of his first media interviews case in point is that one has to travel with the newspaper, Justice Bart Katureebe has from Kotido to Soroti to access the Justice Katureebe said: pledged to open up lines of services of the High Court or from communication with other Busia to Mbale, said Hon. Justice “The Chief Justice by himself cannot stakeholders in government. Katureebe. solve all the challenges that the Judiciary as the third branch of the “The current caseload for every State faces. But the Chief Justice as the officers and the courts at all levels. High Court judge is 1,229 and the chief administrator and head of that The annual target for each Supreme judge to population ratio currently department should open up lines of Court justice is 80 cases, Court of stands at one Judge for every 715,000 communication with other branches Appeal justices 800 cases; High Court Ugandans.” of government to ensure that they Judge 300 cases; Chief Magistrate 800 too give support to the Judiciary in cases; Magistrate Grade One 400 He said the plan is to increase the administering justice to the people of cases; a new Magistrate Grade One High Court Circuits from 13 to 18 and this country.” 300 cases and a Magistrate Grade Two also raise the number of High Court 300 cases. The targets are part of an Judges from 50 to 82 with a phased He added: “Under this administration elaborate Performance Enhancement appointment of 10 Judges per year. of justice, there are so many things like Continues to page 25

THE JUDICIARY INSIDER | April - October 2015 23 Mediation

US Judge tips the Judiciary on appellate mediation Revered as one of the world’s leading experts on judicial administration, Justice Clifford Wallace was in Uganda to guide the Judiciary on appellate mediation. In Thailand, Justice Wallace is fondly referred to as “father of the courts. ” Therefore, his presence in the country, to come up with best practices, was a blessing. ustice Wallace has held a series of yet in Ugandan courts, it’s practiced in meetings with senior judicial officers, other jurisdictions like the US. Jincluding the Deputy Chief Justice, Principal Judge, Chief Registrar as The aim of appellate mediation to well as other stakeholders in the amicably resolve appeals early in the Justice Law and Order Sector. appellate process and thereby save the parties time, expense, and uncertainty. During the visiting justice’s meeting “We were impressed to learn that with the justices the US 9th Circuit Appellate Mediation of the Court of Report of May 2014 had at one stage Appeal, Deputy achieved a success rate of 64. 55% Chief Justice Steven using nine mediators, thus resolving Kavuma, who also hundreds of appeals,” said Hon. Justice heads the appellate Kavuma. court, said it was an honour that Justice It is against this background that the Wallace had accepted to Court of Appeal, agreed in principle, to be the resource person explore the possibility of introducing in the development of appellate mediation in Uganda. appellate mediation in Uganda’s jurisdiction. As of December 31, 2014, the Court of Appeal had approximately “Last year in July, one of our 2,174 civil and 1,533 criminal appeal Justices, with the help of two externs cases designated as backlog. As such, from the Pepperdine University this prompted the Court to adopt School of Law, presented a proposal innovative methods of work. This to the Court of Appeal suggesting initiative is expected to ease this huge appellate mediation as a means of backlog. backlog management,” said Hon. Justice Kavuma. Justice Wallace said as the number of cases filed each year surged, the US Although the concept of federal appellate courts evolved in appellate mediation order to fulfill their core function of does not exist deciding appeals and setting guiding

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precedent. Throughout his career as an From to page 23 appellate judge, Wallace has been “Appellate level mediation has been deeply interested in developing First 100 days as CJ a feature of the US federal court strong judicial systems around the system since the 1970s when the world. His support for the “rule of the Judiciary getting the necessary Federal Rules of Appellate Procedure law” movement, which seeks to tools, funds, and personnel in terms first sanctioned the practice. The impart the concepts and ideals of an of numbers and quality to do the United States Court of Appeals for independent Judiciary and impartial job. Now that I have this support the Seventh Circuit inaugurated a pre- judicial system, dates back to 1972, and the country expects me to argument conference programme in when he began using personal do something about the Judiciary, I 1972,” he said. vacation time to visit judiciaries believe I will succeed in convincing overseas. the other arms [of the State] to “Although modest in scope, the prioritise the needs of the Judiciary programme’s governing concept After assuming senior status, he began in the context of the administration was case management: to reduce to spend about half his time on the of justice and good governance of the submissions to the court and effort. In all, he has directly worked with the country.” abbreviate the time a case stayed judiciaries in more than 50 countries pending an appeal. ” on all the six continents. Justice Wallace He pledged to lobby for the also serves on the Asia Council of the allocation of more resources to About Judge Clifford Wallace American Bar Association Rule of Law the Judiciary in terms of more He is a senior Judge on the Ninth US Initiative. finances, personnel and the Circuit Court of Appeals, and has been recruitment of judges, for example, serving on the bench since President His pioneering work in the international to help in answering some of the Richard Nixon appointed him in 1972. rule of law movement predates the expectations the people. During American Bar Association’s initiative in his interaction with MPs on the A devout Mormon, Justice Wallace Eastern Europe by 20 years. Legal Affairs Committee, Justice has been active in the Church of Jesus Katureebe appealed to the Christ of Latter-day Saints, serving in The silver-haired judge, who turned lawmakers to help in approving a local and regional governing posts. 86 last December, is revered as one of bigger budget for the Judiciary to Justice Wallace has supported the Boy the world’s leading experts on judicial enable it work more effectively. Scouts of America for a long time, administration. serving on the local chapter’s board Hon. Justice Katureebe and Hon. of directors and executive committee A frequent speaker for chapters of the Justice Kavuma were appointed from 1977 to 1993. Federalist Society and the American CJ and DCJ on March 5 and were Enterprise Institute. In 2005 he received confirmed in the positions by Justice Wallace served as Chief Judge of the Edward J. Devitt Distinguished the Parliamentary Appointments the Ninth Circuit from 1991 to 1996. Service to Justice Award—the most Committee on March 18. He assumed senior status on April 8, prestigious honour in the US federal 1996. As a senior judge, Wallace has a Judiciary. Hon. Justice Katureebe, a member reduced caseload, but he continues to of the Supreme Court, replaced hear cases in the Ninth Circuit, and he The award recognises “significant Hon. Justice Benjamin Odoki, who sits by designation from time to time contributions to the administration of retired in March 2013, whereas as a visiting judge on other federal justice, the advancement of the rule of Hon. Justice Kavuma replaced Hon. appellate courts. law, and the improvement of society as Lady Justice Alice Mpagi-Bahigeine

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THE JUDICIARY INSIDER | April - October 2015 25 Judiciary Bill

Administration of the Judiciary law Draft Bill proposes Judiciary’s financial and administrative independence

he Judiciary was established In an earlier interaction with under Chapter 8 of the 1995 the Committee on Legal and TConstitution for the administra- Parliamentary Affairs, the Chief Justice tion of Justice in Uganda. Article 128 said the Judiciary required at least Shs6 thereof advocates for the indepen- billion to construct five customised dence of the Judiciary in its exercise of court houses per year – Shs1.2b its judicial function. per court. This would save billions of shillings spent on renting from private To realise effective administration of individuals. justice, Parliament is mandated to make laws providing for the participation of The Judiciary is also grappling with people therein. poor working conditions. Key among these is the cases of magistrates not Following wide consultations, especially having vehicles to enable them visit within the Justice, Law and Order processes and regulations for the locus especially in land matters as Sector, came the draft Administration effective administration of justice and demanded by law. Court registries are of the Judiciary Bill (AJB) for purposes strengthening independence of the also in a sorry state, resulting in loss or of operationalising Chapter 8 of the Judiciary. It will also delink administrative misplacement of files which promotes Constitution. staff from the Ministry of Public Service petty corruption. The problem of case for their discipline and put them under backlog has persisted with more than The Bill is intended to provide for the effective control of the Judiciary. 160,000 cases still pending; some as old efficient and effective administration of as 20 years. the Judiciary so as to establish structures The challenges in the Judiciary today of administration, to provide for could be addressed quickly by fast The Administration of the Judiciary employment and disciplinary control tracking of the draft Bill – this may lead Act intends to have continuous of employees, the funds of the courts, to increased funding to the institution improvement by revamping the training, and inspection, rationalisation that would translate into construction infrastructure for court registries, of its judicial independence, and for of more court houses throughout the provision of transport for all magistrates, other related matters. country and appointment of more staff accommodation for judicial officers (judicial and non-judicial cadre) for the and having more criminal sessions to Drafted in 2012, the Bill was originally Judiciary to serve the people effectively. deal with the backlog. tabled in Parliament through a private Member’s Bill. However, the Executive In the September 2, 2015 interface The Chief Justice contends that also tabled a similar Bill shortly after, between President Yoweri Museveni government can only function which prompted Parliament to and judges, the Chief Justice Bart effectively if its three arms – the send both Bills back to Cabinet for Katureebe said 74 per cent of the Executive, the Legislature and Judiciary consolidation in December 2013. courts countrywide operate in rented are strong and effective. He also noted premises – some are in structures that the Judiciary needs institutional Once passed into law, the meant for shops which gives litigants and financial autonomy to play its Administration of the Judiciary Act is the impression that justice is for sale just rightful role. expected to provide for the structures, like commodities in the shop next door.

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He believes that the Administration Parliament discussed the amendment of the Judiciary Bill would make the Key priorities under AJB of article 131 of the Constitution Judiciary autonomous and turn around ■■ To facilitate improvement of the to fix to seven justices the panel the administration of justice in Uganda. efficiency and effectiveness of Courts of Supreme Court Justices to hear of Judicature; appeals from decisions Constitutional As mandated by the Constitution, ■■ To establish a Judiciary Advisory Court. The Constitution originally the Judiciary is supposed to be a self- Council to advise the Chief Justice in required the sitting of a full bench, accounting institution and may deal the administration of the Judiciary and and where one of them is unable to directly with the Ministry of Finance justice; attend, the president would appoint an in regard to its finances; salaries, ■■ To strengthen the independence acting justice. Parliament approved the allowances, privileges and retirement of courts in accordance with the amendment saying it would enhance benefits and other conditions of Constitution; the independence of the Supreme service for its staff. ■■ To streamline the administration of Court by establishing the quorum courts; of the Supreme Court on second This constitutional mandate is, however, ■■ To facilitate a judicial process that appeals. The amendment effectively not being applied since the Judiciary is committed to the expeditious abolished the position of acting justice currently depends on allocations from determination of disputes; and in Uganda. the government and development ■■ To establish a Judicial Training partners. Institute. Judiciary staff recruitment by Judicial Service Commission (JSC): While addressing judges during the Judges’ retirement age: Proposal The House also discussed the 2015 Annual Judges’ Conference in to amend article 144 of the amendment of Article 147 of the February, the Justice and Constitutional Constitution intended to have the Constitution to empower JSC to Affairs Minister, Maj. Gen. Kahinda retirement age of High Court judges determine the terms and conditions Otafiire, said the Bill had been reviewed, raised from 65 to 70 years, and of service of both the judicial and consolidated and ready for re-tabling that of the Justices of the Court non-judicial staff of the Judiciary in Parliament. He said the re-tabling Appeal/Constitutional Court and appointed in accordance with the had only been deferred pending the the Supreme Court increased from Constitution. The amendment was amendment of some Constitutional 70 to 75. Parliament noted that overwhelmingly supported by provisions. since the retirement age for all civil both members of Parliament and servants is 60 years, senior judicial other the stakeholders that were Luckily, the said amendment process officers need to retire from the consulted. Operationalising the was successfully concluded in July 2015. strenuous judicial work when they arrangement would, however, require are still relatively energetic to enable the amendment of Section 5 of the Constitutional provisions them pursue other work in private Judicial Service Act, Cap 14 to insert amended or public life. Most stakeholders Article 148A amending the functions The Constitutional (Amendments) who were consulted supported the of JSC. Parliament further approved Bill, 2015 was read for the first time view against alteration of judges’ the insertion of article 147A into the to the 9th Parliament on April 30, retirement age. Parliament therefore Constitution to grant JSC powers of 2015. It was subsequently scrutinised voted to maintain the status quo appointment, discipline and removal by the Committee on Legal and on grounds that increasing the of staff of the Judiciary. This also Parliamentary Affairs for scrutiny retirement age would make growth requires the amendment of Section before its second reading to the House in the Judiciary more difficult for 7 of the Judicial Service Act, Cap 14 in July 2015. Below are the highlights young lawyers. to determine the management of the of the Judiciary-related Constitutional non-judicial staff to be transferred

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THE JUDICIARY INSIDER | April - October 2015 27 Obituary

Judiciary will miss Roy Milton Byaruhanga

Tributes started flowing on Sunday July 12, 2015 will follow him. May his soul rest in when news about the passing of Roy Byaruhanga, the peace,” Justice Margaret Mutonyi. Supreme Court Registrar was relayed. The human rights champion and devotee Christian succumbed to a stroke He put the Judiciary above self. Surely at his home in Kiwatule, a Kampala suburb. In his 53 his unprecedented service deserves years, Mr Byaruhanga had been a dedicated officer who our support even after his demise. A never let illness or difficult work stand before him at the cold can keep some of us away from table of service. Even when confined to a wheel chair, office, but no amount of pain stopped Byaruhanga’s disability did not dampen his resolve to him from work. He was a very good dispense justice, his legal mind was truly unsurpassed. ambassador of Jesus Christ.

ere are various posts cele- Oh dear! My deepest sympathies upon brating his life and work. Roy’s death. It’s a tragic loss to those H young children. “Such a brave and dedicated officer. May his soul rest in eternal About Milton Byaruhanga? peace,” Bart M. Katureebe. He was born on September 8, 1963 in Hoima District. “My deepest condolences. He was such a gentle and kind person and He was appointed Magistrate Grade dedicated to his work as a public One in 1992 and posted to Masaka servant. It’s a week or so when he Magistrate’s Court. In 1999, he was came to my chambers to say farewell appointed Acting Chief Magistrate and to me after being transferred from the posted to Fort Portal. In 2001, he was Supreme Court. I never imagined at confirmed Chief Magistrate and was that time that he had a few days left in “I will miss his love and faith in the posted to Jinja Chief Magistrate’s Court. this world. May his soul rest in peace,” Lord. Rest in peace Roy, May God Justice . welcome you in his restful embrace,” He was later transferred to Masindi Justice Elizabeth Alividza. Chief Magistrates Court, before being “He was in pain which he courageously appointed Acting Deputy Registrar in suppressed. May his soul rest in eternal “Roy you have fought a good fight. 2004. He was later appointed acting peace,” Principal Judge. May our God, whom you diligently deputy chief registrar and posted to served, receive you and keep you High Court Kampala Criminal Division. “It’s a tragic loss for Roy’s family and the in eternal peace,” Justice Henry Judiciary. We shall surely greatly miss his Kaweesa. He was confirmed Deputy Registrar in humility and gentle character,” Justice 2007 and in 2008, he was transferred to Stephen Musota. Terrible news. We pray for his family. the registry of research and training. A May he RIP, “ Justice Mike ELubu. year later, he was appointed as registrar “It’s a tragic loss for Roy’s family and the of courts of judicature. In 2013, he Judiciary. We shall surely greatly miss his “Roy was such an honest and dedicated was posted to the Supreme Court as humility and gentle character,” Justice person. He trusted in the Lord even registrar, a position he held up to the

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U Andrew Bashaijja. against hope. I know his good deeds time of his death. GAN DA

28 THE JUDICIARY INSIDER | April - October 2015 New Chief Justice Bart Katureebe receives a copy of the Constitution from the Chief Justice Emeritus, Benjamin Odoki during the handover ceremony at the High Court in Kampala, April 9. DIC JU IA E R H Y T

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