Judges decry neglect of the Judiciary

By Francis Emorut

Supreme Court judge, Jotham Tumwesigye, has decried wahr he termed as total neglect of the Judiciary saying something should be done.

Tumwesigye said the blame should not be apportioned to Parliament and Executive but the leadership of the body in charge of dispensing justice in the country.

“The Judiciary has been completely neglected and something needs to be done,” Tumwesigye told judges of the three top courts in the land.

He was speaking during the opening of the judicial symposium on Public Interest Litigation (PIL) in East Africa at Chobe Safari Lodge in Nwoya district on Monday.

The symposium aimed at reflecting the role of courts in public interest litigation was organised by international Governance Alliance (iGA) and Judicial Service Institute (JSI) and supported by Ford Foundation.

The former IGG boss told fellow Judges that recently he and other judges visited the US and found that the Chief Justice of the world leader was rubbing shoulders with the senators advocating for the judiciary budget.

“But here it’s a taboo for the Chief Justice to talk to MPs. We need to fight for the right place of being the third arm of Government,” he said.

The Supreme Court Judge was backed by Judge of Court of Appeal Lady Justice Solomy Bbosa who said: “We are really oppressed we need to discuss in house issues.”

The Judiciary has had no Chief Justice close to three years after the former Chief Justice Benjamin Odoki clocked 70 years.
Attempts to reappoint Odoki were shot down by the Supreme Court after pronouncing itself that there is no Constitutional provisions of reappointment the Chief Justice after he has retired at the age of 70.

Justices of Supreme Court, Court of Appeal and High Court pose for a group photograph during the symposium on public interest litigation at Chobe Safari Lodge in Nwoya district on Monday Sept 29, 2014. PHOTO/Francis Emorut

This was after Western Youth MP, Gerald Karuhanga ran to court seeking to quash the reappoint of Odoki by President Yoweri Museveni early this year.

Justice Christine Kisakye Kitimbo agreed with Bbosa and said time will be allocated to the Judges to discuss in house matters.

“I will give you time during the retreat to discuss it,” Kisakye said.

The Acting Chief Justice Steven Kavuma while opening the symposium implored the Judges to advocate for the public interest litigation especially for the vulnerable who don’t have money to pay lawyers.

Prof. Oloka-Onyango advised the Judges to be activists in dispensing justice for the poor in society especially using public interest litigation approach.

“You can’t avoid being activists. You are the third executive arm of government. Executive is political, you have the allies in civil society organisations, academia and Uganda Law Society,” Oloka said.

He said public interest litigation reduces political tension and resolves issues in the interest of the public.

Dr. Maria Nasaali, the chief executive officer of iGA explained that the public interest litigation approach enables inequalities in society to be addressed.

Justice of Supreme Court, Jotham Tumwesigye (left) and Prof. Oloka-Onyango addressing fellow Judges during the symposium on public interest litigation at Chobe Safari Lodge in Nwoya district on Monday Sept 29, 2014. PHOTO/Francis Emorut

“It ensures that even the poor get justice as opposed to the rich,” Nasaali said.

Maurice Makoloo, the Ford Foundation regional representative advised judges to do more for the people using public interest litigation approach.

The Judicial symposium was also addressed by two Judges from Kenya and Tanzania Lady Justice Mumbi Ngugi and Justice Benard Luanda respectively.

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