Mbale High Court criminal appeals session starts

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Deputy Chief Justice (DCJ), Richard Buteera, has flagged off a Court of Appeal criminal appeals session at the Mbale High Court.

A total of 26 cases are expected to be heard during the session, running from March 10 to March 12, 2025, to be presided over by justices Irene Mulyagonja, Margaret Tibulya and Moses Kazibwe Kawumi.

According to the cause list signed by deputy court registrar Lillian Bucyana, the majority of the appeals 11 cases are for murder convictions, followed by 10 cases of defilement. The remaining cases include aggravated robbery (2), rape (2), and grievous harm (1).

Addressing the case backlog

Speaking during a stakeholders' meeting, Justice Buteera acknowledged the persistent backlog at the Court of Appeal but highlighted ongoing efforts to expedite case resolution.

“With the addition of eight new justices, we are making significant strides in improving efficiency. More justice means faster hearings and quicker resolutions for those seeking justice,” he said. He further revealed plans to decentralise the Court of Appeal by establishing regional branches, starting with Gulu and Mbarara this financial year.

On the delayed construction of the Court of Appeal in Mbale despite land allocation, DCJ reassured stakeholders: The land has been set aside, and once planning and funding are finalized, construction will begin. Justice must be brought closer to the people.

Enhancing access to justice

Responding to calls for a Court of Appeal registry at the Mbale High Court, he encouraged legal practitioners to embrace the Electronic Court Case Management Information System (ECCMIS), which allows online case filing.

“The days of travelling to Kampala just to file an appeal should be behind us. With ECCMIS, lawyers can file cases remotely, reducing costs and delays,” he said, emphasizing the need for more training on the system.

He also confirmed that the Court of Appeal has begun conducting civil sessions outside Kampala, with successful sittings in Gulu and Mbarara. “Mbale will soon have its own civil session, further improving access to justice for the region,” he added.

Strengthening case management

Justice Buteera commended the Office of the Director of Public Prosecutions (ODPP) and advocates for their commitment to timely case filing, which allows justices to review case files in advance and speed up hearings.

While advocating for an increase in the number of justices, he also urged the adoption of alternative dispute resolution (ADR) mechanisms, such as plea bargaining and mediation, to reduce case backlog.

“In the United States, about 90% of criminal cases are resolved through plea bargaining. We need to embrace this approach to deliver justice swiftly,” he noted.

For civil cases, he emphasized mediation as an effective strategy, revealing that in 2024, the Court of Appeal successfully disposed of approximately 100 cases through this method.

Local perspectives

Head of the Mbale High Court Circuit, Justice Margaret Apiny, welcomed the visiting justices and noted that Mbale currently has a caseload of 4,007 cases. She commended advocates for their professionalism, noting that there have been no complaints against them.

“This session is timely; it brings justice closer to the people, and disposing of 26 cases in three days is a significant milestone,” she said.

Director of Public Prosecutions representative, Tumuhaise Rose, lauded the Judiciary for implementing ECCMIS, saying it had simplified the filing process. However, she raised concerns about lenient sentences, calling for a review process that allows the DPP to appeal such decisions.

“There are instances where sentences are reduced unfairly. If they cannot be increased, at the very least, they should be maintained,” she urged.

Eddie Nangulu, representing the Uganda Law Society (ULS) eastern Uganda, pointed out unresolved issues from the last Mbale High Court Open Day, particularly the need for a Court of Appeal registry in Mbale to ease the filing of appeals.

“Some prisoners spend years waiting for their appeals, only to be released after serving their full sentence without any compensation. Justice delayed is justice denied,” he stated.

Infrastructure and detention conditions

Uganda Prisons Service representative, Mr Joseph Otai, highlighted ongoing efforts to construct and renovate prisons in the region to address congestion and improve conditions.

Among those in attendance were resident Judge Lubega Farouq, Court of Appeal registrar Rukundo Allen Owembabazi, deputy registrars Dr Mushabe Alex Karocho, Lillian Bucyana, Nankya Nusulah, Awidi Suzan, and Gakyaro Allan. They were joined by stakeholders from the Uganda Prisons Service, Uganda Police Force, ODPP, political leaders, advocates, Mbale City Mayor Cassim Namugali, and Chief Administrative Officer Luke Lokuda.