JUDICIARY Latest Features

Justice Cheborion Barishaki (Middle)

The Court of Appeal has opened a three-day Criminal Appeals Session in Jinja, with a renewed call for decentralised justice, reduced backlog, and faster disposal of appeals, amid growing concern over the rising number of inmates awaiting appellate decisions.

Flagging off the session today, Justice Cheborion Barishaki, a Justice of the Court of Appeal, represented the Deputy Chief Justice and underscored the Judiciary's resolve to bring appellate services closer to the people. The session, which runs until 17 December, is scheduled to hear 25 criminal appeals.

A panel of three Justices, Justice Cheborion, Lady Justice Margaret Tibulya, and Justice Musa Ssekaana, is presiding over the proceedings.

According to the causelist issued by the Registrar of the Court of Appeal, HW Rukundo Allen Owembabazi, Murder appeals dominate the session, accounting for 14 cases, followed by eight Aggravated Defilement appeals, two Aggravated Robbery appeals, and one Rape appeal. Two appellants are also challenging life sentences imposed for Murder convictions.

Addressing stakeholders at the opening meeting, Justice Barishaki said the Jinja session reflects a deliberate shift from a centralized and distant justice system toone anchored in accessibility, openness, and accountability.

"Regional sessions reduce the financial burden and inconvenience faced by court users who previously had to travel to Kampala for appellate services," he said, adding that decentralisation enables judicial officers to explain delays and be held accountable by the public.

He revealed that the Judiciary has embarked on the construction of permanent regional Court of Appeal buildings, starting with Gulu and Mbarara, with plans to expand to eight cities, including Jinja. Once completed, he noted, Justices will be deployed to the regions to improve access to justice, reduce remand populations, and tackle backlog more effectively.

Justice Barishaki reaffirmed the Court’s commitment to timely, affordable, and impartial justice, noting that the number of Justices of the Court of Appeal has increased from 13 to 20 this year to strengthen capacity. Despite this progress, he acknowledged that the Court is grappling with a workload of over13,000 matters, nearly half of which constitute backlog.

"Our human resource remains inadequate, but we remain optimistic as government and  the Judiciary continue to explore sustainable solutions to address staffing and efficiency challenges," he said.

He also urged stakeholders to embrace Alternative Dispute Resolution (ADR)mechanisms such as mediation, noting that they promote harmony and speedier  resolution of disputes. He highlighted recent training of mediators in the region and called on judicial officers, religious leaders, and community leaders to support mediation efforts. Additionally, he encouraged the adoption of digital processes, including electronic filing, online hearings, and electronic delivery of judgments, as a long-term solution to delays, missing files, and high litigation costs.

During the stakeholders' engagement, concerns were raised over delays in hearing appeals, including a case dating back to 2007 that has never been cause-listed. Participants also pointed to accused persons overstaying on remand, the limited number of cases scheduled despite many appellants remaining in custody, and missing or incomplete records from lower courts, which hinder preparation and timely disposal of appeals. Questions were also raised about prisoners affected by the Supreme Court decision on Court Martial matters, with calls for clarity on how such cases will be handled.

Responding, Justice Barishaki attributed delays to heavy workload, limited human resources, and logistical demands of regional sessions, as well as the sensitive nature of some cases. He acknowledged challenges posed by incomplete records and said full implementation of the Electronic Court Case Management Information System(ECCMIS) would significantly address the problem. On court martial matters, he assured stakeholders that implementation of the Supreme Court decision was underway, while confirming that the long-pending 2007 appeal would be handled.

Welcoming the Justices, the Head of Jinja High Court Circuit, Justice Lawrence Gidudu, said the session had come at a critical time for the Circuit, which is grappling with a heavy caseload. He reported that the Court is handling 679criminal cases, over 1,300 civil matters, more than 200 family cases, and about400 land disputes, all managed by only two Judges.

Justice Gidudu emphasized the importance of plea bargaining and mediation, noting that while the current criminal session is timely, it will only address a fraction of the backlog. He added that the Court has adopted a mixed approach of hearing criminal and civil matters concurrently to ensure steady progress across the board.

From the Uganda Prisons Service, SSP Deogratius Ogwapit, the Regional Prisons Commander for the South Eastern Region, painted a grim picture of congestion, revealing that prisons in the region hold over 3,600 inmates against a capacity of 1,100, including more than 1,600 capital convicts. He reported a sharp rise in appeals, with over 600 appeals lodged since 2021, including 155 appeals this year alone.

"We are seeing a trend where nearly every High Court conviction results in an appeal. This has doubled, if not tripled, the workload of the Court of Appeal," he said, identifying delays in hearing appeals as one of the prisons' biggest concerns.

Representing the Office of the Director of Public Prosecutions, Ms. Florence Akello, Assistant DPP, welcomed the session as a strong demonstration of commitment to access to justice. She raised concerns over incomplete High Court records, particularly sentencing proceedings, which complicate appeal preparation, but assured the Court of the ODPP’s readiness and cooperation.

On behalf of the advocates, Mr. Daniel Mudhumbusi said the session had rekindled  hope among inmates whose appeals have long awaited hearing. He noted that advocates in the region often advise clients against unmeritorious appeals to ease the Court's burden and pledged full cooperation to ensure expeditious disposal of cases.

The meeting was attended by judicial officers and key justice sector stakeholders, including Lady Justice Joanita Gertrude Bushara, HW Dr. Mushabe Alex Karocho, HW Paul Abdonson Owino, SSP Charles Nsaba, among others. Proceedings were moderated by HW Mukanza Robert, Deputy Registrar at Jinja High Court.