The Chief Justice of Uganda has revealed that some litigants are losing cases due to fear while in the court hall before the presiding judicial magistrates or judges. 

“In many people’s minds, they think court is some untouchable institution. But people need to understand how courts operate,” Justice Alfonse Owiny Dolo said. 

Speaking during Court Open Day in Amuru town council on Tuesday, August 22, 2023, Owiny Dolo said this characteristic which is embedded in people’s minds dates years back. The day was held under the theme; “Demystify Court Processes”. 

He explained that such attitude which was imparted in the people to fear court was good but equally bad in the sense that people would go to court, get intimidated and even lose a case because they think they are before God. 

The Chief Justice said such an arrangement is vital in providing a platform where the judicial officers interact directly with the local people to explain the court processes, identify challenges and plan for improvements.

Chief Justice Alfonse Owiny-Dollo planting a tree with assistance from Michael Lakony the Amuru district chairman. (Photo by Arnest Tumwesige)

He emphasised that judicial powers come from the people and that judicial officials are just delegates. “The law must reflect your needs, aspirations and the judiciary implements it on behalf of the people,” he added. 

Commitment to improve ease to justice 

At the function attended by judicial officials, lawyers, politicians, local people and the United Nations Development Programme (UNDP) resident country representative, the head of judiciary re-echoed commitment to ease access to justice during his tenure of office. 

He explained that the bare minimum requirement in easing access to justice is that every district must be manned by a chief magistrate and every county must have a magistrate grade one. 

“My task is now to bring a chief magistrate for Amuru district and you will now have three magistrates with one sitting Atiak court magisterial. This will save people who travel from the border at Elegu to Amuru magisterial court,” he noted. 

He also pointed out that when justice is delayed, in most cases it is the poor who lose out at the time of making a verdict since they cannot afford to transport their witnesses for years.

No supernatural magic to clear court cases 

Philip Odoki, the Gulu resident judge said there were 3,058 cases at the Gulu High Court Circuit at the end of July 31, 2023, out of which, 1,131 fell in the category of case backlog (cases that had stayed for two years and above). 

Still, at the same time, magistrate courts had 2,802 cases that were supposed to be disposed of out of which 279 were in the category of case backlogs. 

Amuru magisterial court had 266 cases out of which, 152 were before grade one and 114 before the Chief Magistrate. 

With the creation of so many magisterial courts in Uganda, Odoki anticipates that in the near future, each grade one magistrate will have a case log of 100 cases at any given time. 

“In my view, a magistrate should not be forgiven for allowing a case to stay in the system for more than two years when you actually have 100 cases in your docket. That is unacceptable,” he added. 

Odoki who was deployed at Gulu High Court in August last year also said upon taking over office, they came out with initiatives which include handling cases using the rule of first in, first out method of disposal of cases. 

He however said there are exceptions to that rule for the elderly people, people who are severely sick, widows and other vulnerable members of the society. 

“We feel extremely unfair that someone should be walking in the corridors of court for 20 years when there is another person because he is able, can hire a lawyer, he files a case in 2023 and his case is first tracked while the other ones remain in the court system,” he explained. 

The Resident Judge however noted that the cases at the high court cannot be cleared in one year, adding that it is humanly impossible. 

“The solution lies in finding other alternatives instead of lying to ourselves as superhuman to clear the cases. We are making a humble plea that as much as possible resolve your conflicts amicably,” he emphasized. 

 He also asked the magistrates and the suspects to take advantage of the community service sentence and plea bargain respectively to ease on case backlog. 

Elsie Attafuah, the UNDP resident Representative said there can be no development without peace and security. 

Attafuah noted that the more time is taken to facilitate access to justice, hinders the country’s development because peace and security are enablers for development. 

She told leaders and the communities that the extent to which they expedite such processes is very important. “There is no investor be it local or international would come to invest in a country with land disputes,” the UNDP boss noted. 

Leaders need rehabilitation 

Michael Lakony, the Amuru district chairperson commended the Chief Justice for establishing a magistrate court in Atiak as it will serve people from Elegu at the border with ease. 

Lakony noted that people have been paying sh60,000 in transport to travel from Elegu to Amuru town council which is more expensive than traveling to Kampala. 

He also disclosed that the district has allocated 24 acres of land in Lamogi sub-county for the construction of another court building to serve Kilak South County. 

The chairman attributed the high land cases which make up 80% to some leaders who instigate locals into unlawful activities. 

He thus recommended a rehabilitation program for leaders to desist from their volatile actions that lead the local people into volatile activities. 

Stephen Odong Latek, the Amuru Resident District Commissioner, said access to justice is part of the Government’s bigger plan entailed in the ruling party’s manifesto and the National Development Plan III.