Court of Appeal justices prepare for a special session at Kabale High Court in July last year. PHOTO/ROBERT MUHEREZA
The adage “justice delayed is justice denied” best captures the pain that many Ugandans endure in their quest for justice in both civil and criminal cases across the country. Ideally, justice should be delivered promptly.
But for many, delays in the judicial process mean remedies come too late — or not at all. Some cases have dragged on for more than two decades, eroding public trust in the courts. Take the case of Mr John Michael Erwau, whose lawsuit against a commercial bank over the sale of his school premises — Jamelar Nursery and Primary School — has not taken off, six years since it was filed.
“I am yet to be allocated a hearing date for my case,” Mr Erwau told Daily Monitor in a recent interview. Mr Erwau lost his once-thriving school in 2019 after it was auctioned over an alleged unpaid loan — a claim he challenged in Soroti High Court. But like many others, his case has stalled.
Debt claimants
Still in Soroti High Court, the Teso war debt claimants secured a judgment after nearly two decades in court. Yet the government has not honoured the ruling by now-retired Justice Henry Adonyo, who ordered verification of claimants before compensation. To date, no payment has been made. The claimants, through former Kapelebyong MP Julius Ochen, sued the government in 2005. Many of them have since died without receiving a penny. In frustration, opposition politicians under the Forum for Democracti Change (FDC) party staged protests in Soroti City, accusing the government of ignoring the court ruling. They were arrested and arraigned in court. In Greater Masaka, students from St Bernard’s Mannya Secondary School have been on remand since 2018 over a dormitory arson case that has never gone to trial. The case stalled when trial judge Justice Victoria Nakintu Katamba left for further studies. Pre-trial detention in Masaka averages 3 to 4 years for serious cases like murder and robbery. Mr Sam Ssekyewa, an advocate in Masaka, says he has lost clients due to case delays. “Sometimes clients die before judgment is passed.
Now, with judges focusing more on sexual and gender-based violence cases, other offences such as murder and robbery risk being sidelined,” he said. Mr Ssekyewa also urged more use of alternative dispute resolution methods. “There are cases that should be resolved through mediation or plea bargains. If lawyers and courts helped sieve such cases, especially family disputes, we could reduce backlog significantly.” In Masaka, the murder of prominent businessman Edward Miiro remains unresolved eight years later. Some suspects, including his former lover, were granted bail, but the case has stagnated. Ms Salimah Mutale, another lawyer in Masaka, decried delays in land cases—some stuck in court since 2016. In some cases, the court hasn’t even visited the locus. Judiciary spokesperson James Ereemye told Monitor that each case has its own dynamics. “If I had a case-by-case review, I’d provide a clearer explanation,” he said. In one of Ms Mutale’s land cases in Sembabule, the landowner died recently. She is now seeking letters of administration for the orphans to continue the legal battle over their father’s 10-acre land.
Magistrates at sub-county
In Kigezi, former lawyers’ association chairman Justus Muhangi called for the deployment of Grade One magistrates at every sub-county and chief magistrates at every district. “Our adversarial court system is time-consuming. It’s unreasonable for a Shs200,000 appeal to reach the High Court,” Mr Muhangi said. He also cited understaffing at the Directorate of Public Prosecutions and poor work ethic among some judicial officers. “We must hold judicial officers accountable. Performance targets should be enforced,” he said. Retired magistrate Ben Duncan Sande said magistrates should serve at least two years at a station to resolve pending files. “We had a registrar transferred after just a month. Such transfers worsen the backlog,” he noted. In Mbarara, resident Bernard Kashaija has battled a land case for more than 20 years. “Police and courts have become torture chambers. I’ve sold almost all my property to pay lawyers and police,” he said, adding that the financial strain forced some of his children to drop out of school. He warned: “If you see cases of mob justice increasing, it’s because people have lost faith in formal justice systems.” Ms Claudine Kabega of Isingiro has struggled with an inheritance case in Mbarara High Court since 2017.
“The property in question has already been sold off. I wonder why I even went to court,” she lamented. In Arua, Ms Miriam Azikuru said her family is at risk of losing their land due to poverty and an inability to pursue legal redress. “Our neighbours have grabbed part of the land. If we go to court, they’ll ask for money we don’t have. We might be forced to sell the little land left,” she said. She urged regular pro bono legal clinics, like those recently supported by Denmark, the Netherlands, Sweden, and Ireland, to help the poor. Last year, these embassies launched a five-year partnership with civil society and government in West Nile aimed at promoting accountability, civic engagement, and justice for all. Mr Tom Asea of Eruba echoed similar concerns. “Many are losing land to government or wealthy individuals because they can’t afford legal representation.” “In Uganda, if you don’t have money for a good lawyer, forget justice,” he said. “But the embassy-backed initiatives have given some of us hope,” he added. Ms Christine Awori, the head of the Legal Aid Project at Uganda Law Society, acknowledged the access gap. “The poor often can’t afford the cost of repeated court appearances. Legal clinics can bridge that gap,” she said.
Just last Friday, a land case in Madi Okollo District involving High Court judge Justice Rosette Comfort Kania was postponed when she failed to show up at a pre-agreed settlement venue in Biacici Village. Locals waited from 9am to 4pm in vain. Justice Kania had sued locals over land she reportedly bought from the late Augustin Asea, but her claim met resistance from the community. When contacted for comment, her lawyer, Mr Renato Kania, declined to speak on the matter.
Back in 2013, more than 600 inmates at Lira Government Prison clashed with armed personnel during a protest over delayed trials. Prison warders and police fired warning shots after inmates shouted “we want justice” and began throwing stones.
Compiled by Simon Peter Emwamu, Al Mahdi Ssenkabirwa, Malik F Jjongo, Robert Muhereza, Emmanuel Arineitwe, Felix Warom Okello, Clement Aluma, Rajab Mukombozi & Bill Oketch.
