JUDICIARY Latest Features

Justice Christopher Gashirabake of the Court of Appeal has flagged off a three-day Court of Appeal Criminal Session at the High Court in Masaka, during which 30appeals are scheduled to be heard.

The Session, which commenced today, March 16, will run until Wednesday, March 18,and is being presided over by a panel comprising Justice Gashirabake, Lady Justice Ketrah Kitariisibwa Katunguka, and Lady Justice Esta Nambayo.

Speaking during a stakeholders' meeting held ahead of the session, Justice Gashirabake said the Court of Appeal remains committed to ensuring timely delivery of justice to all citizens regardless of their social or economic status. He noted that the Court has previously held similar sessions in Masaka as part of efforts to bring appellate services closer to the people.

He explained that sessions in the Circuits help reduce transport and litigation costs for litigants who would otherwise travel to Kampala to access the Court of Appeal.

Justice Gashirabake also highlighted the Judiciary's ongoing expansion of the Court of Appeal through the establishment of regional circuits, including Arua, Lira, Masaka, Mbale, Gulu, Mbarara, Mubende, Fort Portal, and Jinja. He revealed that the Court of Appeal circuits in Mbarara and Gulu are expected to become operational in the next financial year.

The expansion, he said, is intended to reduce the distance citizens must travel to access appellate justice.

The Judge further urged stakeholders to embrace the Judiciary's transition to a paperless system through the Electronic Court Case Management Information System (ECCMIS), noting that the digital system will enhance efficiency and case tracking within the courts.

He also acknowledged that the Court of Appeal is operating under a heavy workload with limited human resources, adding that several courts, including the Masaka High Court Circuit, face challenges related to case backlog and prisoners overstaying on remand. However, he noted that both Government and the Judiciary are working to address these constraints.

Justice Gashirabake also encouraged the wider use of Alternative Dispute Resolution(ADR) mechanisms across the justice system to reduce the caseload in courts. He cited plea bargaining, mediation, negotiation, arbitration, and reconciliation as important mechanisms that judicial officers and justice sector actors should embrace.

He clarified that plea bargaining is not intended to allow offenders to escape responsibility, but rather to streamline criminal justice processes while ensuring accountability.

He also urged courts to draw on the experience of retired judicial officers, senior advocates, and community leaders to support mediation initiatives, noting that mediation empowers parties to take ownership of the dispute resolution process and contributes to sustainable settlements.

In her remarks, Lady Justice Victoria Katamba Nakintu Nkwanga, Head of the Masaka High Court Circuit, welcomed the Court of Appeal to Masaka and said that holding sessions outside Kampala improves access to justice, increases public awareness, and promotes timely disposal of cases.

She noted that the Constitution established the Court of Appeal with jurisdiction to hear appeals from the High Court and subordinate courts, and that its appellate mandate plays a vital role in clarifying the law, ensuring consistency in judicial decisions, and strengthening public confidence in the administration of justice.

Lady Justice Katamba also reported that the Masaka High Court is currently conducting two special gender-based violence sessions, one of which is supported by UN Women. She further appealed for the construction of a dedicated High Court building for Masaka, noting that the court is currently housed within the Masaka Chief Magistrate’s Court premises.

Representing the Office of the Director of Public Prosecutions (ODPP), Mr. Sam Oola, Senior Assistant Director of Public Prosecutions, said the office established a regional presence in Masaka to bring prosecution services closer to the people.

He noted that the region currently has only 15 state attorneys, which contributes to delays in case handling. However, he said that recent recruitment of additional state attorneys and planned future recruitment will strengthen capacity and improve efficiency.

Mr. Oola also highlighted the ODPP's mentorship programme for junior state attorneys, which provides supervised exposure to higher courts, including the Court of Appeal and the Supreme Court, to build their experience and confidence.

Speaking on behalf of the Uganda Law Society, Mr. Lule Alexander, representing the Masaka Chapter, called for the holding of civil sessions alongside criminal sessions and appealed for the deployment of more judges to the Masaka High Court Circuit, as well as the operationalisation of the Rakai High Court.

He also urged the Court of Appeal to expedite the hearing of cases, noting that some matters take up to seven years to conclude, which undermines public confidence in the justice system.

Representing religious leaders, Rev. Fr. Dr. Jude Juuko, Chancellor of Masaka Catholic Diocese, emphasised the importance of integrity, impartiality, and truth in the administration of justice. He observed that while many judicial officers faithfully execute their duties, lapses by some officers affect public confidence in the justice system.

According to the cause list signed by the Registrar of the Court of Appeal, HW Rukundo Allen Owembabazi, aggravated defilement constitutes the highest number of appeals to be handled during the session, with 13 cases listed. Murder follows with nine appeals, while five appeals relate to aggravated robbery and three appeals concern rape.

Among the matters scheduled for hearing is an appeal challenging a sentence of life imprisonment without the possibility of parole or commutation imposed following a conviction for murder.

The meeting was attended by judicial officers and representatives from several justice sector institutions including the Uganda Police Force, Uganda Prisons Service, the Office of the Director of Public Prosecutions, the Uganda Human Rights Commission, the Judicial Service Commission, legal aid service providers, as well as political and religious leaders.

Among those present were HW Rukundo Allen Owembabazi, Chief Magistrate of Masaka HW Albert Asiimwe, Chief Magistrate of Kalangala HW Alleluya Glory, and Chief Magistrate of Sembabule HW Ninsiima Marion.

Also in attendance were SSP Felix Mugasha, Regional Prisons Commander for Masaka, Masaka City Mayor Ms. Florence Namayanja, and representatives of the Uganda Police Force.

The stakeholders' meeting was moderated by HW Karungi Loe, Deputy Registrar, Masaka High Court.