Judiciary scorecard names best judges

A new Judiciary performance scorecard report has named four judges as the best performers in 2019.

They are Justice Kenneth Kakuru who emerged best performer at the Constitutional Court, Justice Christopher Madrama Izama, best at Court of Appeal, Justice Augustine Nshimye at the Supreme Court (he has since retired) and Justice Paul Gadenya excelled at High Court Commercial Division with overall score of 83 per cent (Quality of Judgment 89 per cent, Professionalism and Litigant handling 76 per cent); followed by Justice Richard Wabwire Wejuli with 79 per cent overall score (Quality of Judgement 84 per cent and professionalism and Litigant handling 73 per cent). 

Justice Stephen Mubiru was third best at High Court with 73 per cent overall score but second best in quality of judgment (88 per cent) and third in professionalism and litigant handing (53 per cent).

The document dubbed “The Judiciary Scorecard Report 2019” was compiled by a public interest litigation firm, Centre for Public Interest Law (CEPIL).

According to the report, Justice Kakuru was recognised for his firm and clear grasp of constitutional law and history, which he articulates in his judgments.

The report further says as a result of his clear understanding of constitutional law, Justice Kakuru’s judgements, not only deal with matters before him but are also of enduring value to anyone seeking to understand constitutional law.

His colleague, Justice Madrama, was recognised for his efforts in ensuring that every argument laid out during the hearing of appeals, has been properly considered and dealt with by the court.

Justice Mubiru was also recognised for his scholarly approach to judgments and expeditious manner with which he delivers judgments.

Assessment criteria
Six parameters were used to rate the judicial officers’ performance. The assessment was based on fairness in administration of justice, impartiality, professionalism, certainty, communication, behaviour and attitude.

The fairness in administration of justice parameter carried the highest weight at 45 per cent score because it impacts most on justice delivery. 

The researchers looked at how the judicial officers treated both parties in a case, organisation of the case, clear orders based on facts, evidence and the law.

Under the indicator of impartiality weighted at 30 per cent, the researchers looked at availability of case files, whether the judicial officer informed the accused of their rights, gave time for one to explain their case and conducted unbiased proceedings.

On the indicator of behaviour and attitude (5 per cent), the researchers looked at how a certain judicial official recognises culture and religion of others, whether he/she is always available in court as scheduled and explains reasons for absence.

Under the communication parameter (5 per cent), the researchers looked at whether the given judicial officer communicates to the court users in a polite manner.
The professionalism indicator that was weighted 10 per cent, the judicial officers were assessed whether they clearly know and understand the case.

The performance scorecard, however, did not name the worst or underperforming judicial officers. 

Kabarole courts emerged the best performing both at Magistrate and High Court levels with 77.8 per cent and 77.7 per cent, respectively. Kabarole courts were followed by the Commercial Division, Jinja High Court, Anti-Corruption Court and Arua High Court.

The scorecard has a set of parameters and related indicators designed to monitor the extent to which the judicial officers execute their responsibilities.
Mr Francis Gimara, a board member of CEPIL, in his remarks at the launch in Kampala yesterday, said the performance scorecard is one of the ways to hold the Judiciary accountable in dispensing justice.

“The scorecard in my view is a perfect place to help the Judiciary attain its vision, mission of being an accountable institution to the people. 

The scorecard will also be used to encourage those who are not performing well that we are watching because getting feedback about the institution is better than keeping silent,” said Mr Gimara, a former president of Uganda Law Society. The assessment covered fieldwork conducted from August to November last year in 24 courts throughout the country.

The methodology used involved among others, the review of judgments written by the judicial officers by a team of reputable researchers in reference to the common law jurisprudence.

Parameters such as the judge’s grasp of facts, use of the law, whether the judgment advances in the law, resolution of issues and whether reasons for the resolution are well articulated, were used in determining good judgment-writing by judicial officers. 

A total of 4,061 interviews were carried out among different respondents such as court litigants, legal professionals, judges/magistrates, clerks, registrars and civil society organisations.

The highest percentage of interviews were conducted at the Family Division of the High Court, followed by the Anti-corruption Court, Commercial Court and Nakawa Magistrate’s Court.
The least number of interviews were conducted at courts in Gulu.

Some challenges encountered during the research included limited geographical coverage due to inadequate financing; Despite the anonymity, many respondents were reluctant to give a fair assessment of the work perceived to have been done by the judicial officers; mistrust and misunderstanding of the research and researchers.

In his remarks, Chief Justice Alfonse Owiny-Dollo, whose speech was read out by his deputy Richard Buteera, said the Judiciary welcomes public scrutiny of their work.

“I note that the scorecard is aimed at promoting access to justice and enhancing judicial performance at all levels. We must continue to remain accountable in our work to the public and allow public scrutiny to inform our actions always in the exercise of the judicial mandate,” the Chief Justice said.

Best 3 in each court

Supreme Court
Justice Nshimye Augustine 
Justice Paul Kahaibale Mugamba
Former Chief Justice, Bart Katureebe

Court of Appeal/Constitutional Court
Justice Madrama Izama
Justice Kenneth Kakuru
Justice Hellen Abulu Obura

High Court
Justice Paul Gadenya- 83%
Justice Richard Wabwire (79%)
Justice Stephen Mubiru (73%)

Magistrate courts
Mr Paul Kedi (79%)
Mr Alisha Arinaitwe (79%)
Mr Dan Mwesiga (78%)

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