Judiciary rolls out Small Claims Procedure in Teso

Judiciary is in talks with the government for a sh7b release to roll-out the small claims procedure, the senior communications officer, has revealed.

Solomon Muyita told a jam-packed open-day court session in Soroti Chief Magistrate's Court that the Chief Justice, Bart Magunda Katureebe is spearheading the negotiations.

"We (Judiciary) have resolved that small claims procedure is gazette in every court countrywide next phase," Muyita said. "The chief justice last week told Judiciary that the money will train judicial officers and court staffs, set up special leadership, procure equipment and mass sensitization."  

The justice arm was in Teso sub-region to launch the 2012 reform piloted in the Chief Magistrates Courts of Mengo, Masaka, Arua, Lira and Kabale to ease case backlogs, prisons' decongestion and justice guarantee for all.

"Small claims are civil suits whose subject matter value does not exceed sh10m including matters arising out of supply of goods, debts and rent," Muyita said. "It's a cheap and quick system targeting ordinary people who don't have lots of money, court time and lawyers except transport and filing fees."

The initiative fast-tracks simple cases in the court system that can be argued out by the litigants themselves.

Its success two years later led to roll-out to the chief magistrates' courts of Jinja, Mbarara, Makindye, Mbale, Nakawa and Nabweru before Entebbe, Luwero, Nakasongola, Mpigi, Mukono, Iganga, Kasese, Fort Portal, Kitgum, Gulu, Masindi, Hoima, Bushenyi, Busia and now Soroti.

The outcome is promising that the quarterly statistical report of the acting registrar, planning and development unit, Olive Kazaarwe Mukwaya last year galvanized efforts in the Judiciary.

In three months alone, litigants had recovered over sh1b and by December, over sh7b had gotten back to hands of the complainants.

It's said on average, 200 cases monthly are filed under this reform with indicators of litigants increasingly opting out of the mainstream court registry.

Negotiations with the government are backed by mounting stakeholders' calls to the programme's chairperson, Justice Geofrey Kiryabwire of Court of Appeal to stake money generated from the initiative as collateral to show cause.

Moreover, plea bargain for criminal justice and mediation especially for commercial and arbitration are other effective judicial reforms lending backbone.

The aggrieved and the offender (plaintiffs and defendants) are reconciled in a win-win situation seen to be quick and affordable justice.

Interlinked the reforms address the family disputes relating to management of estates, claims against government, defamation, malicious persecution, wrongful arrest, seduction or imprisonment that fall outside the small claims jurisdiction.

The other cases beyond small claims procedure include divorce petitions, marriage nullification or separation of spouse, validity of wills, where specific performance is sought and contracts of services.

The Soroti chief magistrate, Ruth Nabaasa implored the people to embrace the initiative that it saves time and justice is easily realized.

"We're committed as court to deliver non-selective justice to the people of and we took an oath that we shall administer it without fear or favour," she said. "Although the small claims procedure is being officially launched here today, it has been at this court for some time and has registered great success."   

She said that as court they shall give second chance to those who need but handle criminals the way the law mandates them.

"My chambers are open to everyone at all times and in case of a complaint, please feel free to walk in," Nabaasa said. "We have the challenge of bush lawyers (quack) but I want make it clear; court is not your garden so if you want be lawyers, go back study and to the public, don't be deceived by these people."

The initiative has generated excitement in the Justice, Law and Order Sector with the directorate of public prosecution, police, prisons, human rights and legal aid projects applauding.

But the district chairperson Soroti, George Michael Egunyu who was the chief guest warned that for the initiative to succeed, collective responsibility is paramount.