Minister Says Age Limit Must Go

A controversial move to remove the presidential age limit from the constitution is gaining more traction among ministers despite high-profile opposition from First Lady Janet Museveni. Some ministers, The Observer has learnt, are determined to muscle the amendment through to parliament.

Henry Banyenzaki, the minister of state for economic monitoring, told us on March 27 that the age-limit amendment will definitely go to parliament as part of the package of constitutional amendment proposals. Banyenzaki is one of the ministers pushing for the amendment of Article 102(b) of the constitution to remove the maximum age-limit of 75 years for one to qualify to be elected president.

"I can assure you we are bringing it [the proposal] here [parliament], and it will get overwhelming support," Banyenzaki said in an interview at parliament. Read more

Terrorism Trial - Witness Reveals Al-Shabaab Rules

On Thursday, the fourth day of the trial of the July 2010 bombing suspects, defense lawyers began cross-examining the first state witness, Mohamoud Mugisha, a Rwandan national. Justice Alphonse Owiny-Dollo entered High court at 11am.

Unlike the 13 who pleaded innocent, Mugisha confessed and served a lenient five-year sentence in return for his cooperation with the state. (On trial are: Edris Magondu, Hussein Hassan Agade, Suleiman Hija Nyamandondo, Mohamed Adan Abdou, Omar Awadi Omor, Mohamad Hamid Sulaiman, Yahaya Sulaiman Mbuthla, Sulaiman Njoroge, Isa Ahmed Luyima, Hassan Haruna Luyima, Muzafaru Luyima, Abubaker Batematyo and Dr Ismail Kalule).

The accused face charges of terrorism, murder, attempted murder and being an accessory to terrorism. Simultaneous explosions at Kyadondo rugby grounds and Ethiopian village restaurant in Kabalagala on the night of the World Cup finals killed at least 76 people and injured dozens of others.

The accused are believed to be members of the Somalia-based terrorist outfit al-Shabaab, which claimed responsibility for the attack.

The 2010 bombing terrorists in court

Mugisha was cross examined by lawyers Julius Galisonga, Yunus Kasiriivu and Caleb Alaka. Joan Kagezi, a deputy director of public prosecutions, and Principal State Attorney Lino Anguzu led the prosecution team. SIRAJE LUBWAMA and DERRICK KIYONGA recorded the proceeding. Below are excerpts:

Kagezi: My lord, the parties at the bench remain the same, except for... (Alaka interrupts)

Alaka: My lord, I'm surprised. The bench is supposed to be you [Justice Owinyi-Dollo]. I expected my learned friend to say the parties at the bar. It seems your bench is highjacked.

Judge: I am still holding the bench [laughs].

Alaka: My lord, last week when we adjourned this matter [and asked to] be availed records of proceedings by Tuesday [March 24], we endeavored to get these proceed0ings yesterday [March 25] and we have not yet gone through them with our clients. We pray that this matter be stood over until this afternoon.

Lino Anguzu: [One of the prosecutors] we shall still be ready in the afternoon.

Judge: This matter will be stood over to 2pm for cross examination.

The delay to release the proceedings was because the proceedings are bulky. From now on, court will bear the burden of transcribing and then we will be supplying a soft copy to your emails which you will be able to read but you will not be able to alternate [change] anything. Read more

Senior Principal State Attorney Joan Kagezi murdered

Ms kagezi was reportedly shot by two assailants who had been trailing her on a boda boda motorcycle. She had two of her children in the car from school heading back home. According to preliminary investigations, Ms Kagezi was shot dead at around 7:00pm while driving the judiciary car back to her home. 

 Ms Kagezi had been prosecuting a high profile case involving the July 2010 Kampala bomb suspects who targeted football fans watching the World Cup final at a restaurant and a rugby club in Kampala. Somalia’s al-Qaida-affiliated Shabaab militants claimed responsibility for the attack, the group’s first outside Somalia.

Jane Kajuga, spokeswoman for the office of the director of public prosecution, confirmed the death of Kagezi, lead prosector in the bombing trial, and who also led the prosecution’s anti-terrorism and war crimes section.

“She has been shot dead ... but details are so far scanty,” Kajuga told the NTV Uganda station. Video

CJ Katureebe: Uganda Needs Autonomous Judiciary

CJ Katureebe with his wife

Katureebe made the remarks at his thanksgiving ceremony held at Ndere Troupe Center in Kampala on Saturday evening where dozens of his friends and families showed up to celebrate his new milestone in Uganda’s judicial history.

The Chief Justice, whose appointment by President Museveni followed pressure from key legal institutions, expressed satisfaction that his new role has solid public support.

“My appointment has come with lot of support and this has helped me build my confidence,” said Katureebe.

“I request the government therefore to give us the autonomy to conduct our work without any interference; with hope that the system will definitely realize changes,” he observed.

Katureebe is seen as more independent and liberal than his predecessor, Justice Benjamin Odoki. Read more

Selection of judges is not rocket science

Why shouldn’t the public be fully, promptly, and proactively informed about the activities of the JSC?

The controversy surrounding theannouncement of Justice StevenKavuma’s appointment as Deputy Chief Justice of Uganda (DCJ) by President Yoweri Kaguta Museveni has spotlighted once again the opaque and archaic manner in which

the Judicial Service Commission (JSC) conducts its affairs.

Up to now, the public cannot tell with certainty whether or not Justice Kavuma duly applied for, was interviewed or was recommended by the JSC for the post of DCJ in line with Article 147(1)(a) of the Constitution.

According to the lead story in The Observer of March 16, all members and officers of the JSC who were contacted by the reporter to find out whether the beleaguered judge was legitimately selected for the DCJ post

were either “not in the know” or unwilling to divulge any information regarding the same. Peter Nyombi, a former member of the JSC during his short and shaky stint as Attorney General, simply replied “No comment”. The JSC Secretary Kagole Kivumbi referred the reporter to the JSC Chairman, Justice James Ogoola, who in turn reportedly

pleaded inability to talk about the matter.

Involving the public in the process of searching and selecting judicial officers does not appear high on the agenda of the JSC. This is a blatant violation of the Constitution which requires the State to be run on democratic principles and calls for the active involvement and participation of all citizens in national affairs.

Why shouldn’t the public be fully, promptly, and proactively informed about the activities of the JSC? Is the release of such information likely to prejudice the security or sovereignty of the State or interfere with the right to privacy of prospective or current judicial officers? Read more

First Lady Foils Age Limit Plot

Ministers Najjemba, Bakkabulindi, Banyenzaki want no limits

After months of denying that the president's age-limit in the constitution was one of the items being considered for amendment, the issue came up for debate during a cabinet meeting on March 20, The Observer can reveal.

Early this month, President Museveni's cabinet began considering the proposed constitutional amendments and electoral reforms, which are due to be tabled in parliament. After Maj Gen Kahinda Otafiire, the minister for Justice and Constitutional Affairs, had presented the proposals, a cabinet sub-committee comprising all lawyers in cabinet was tasked to scrutinize and enhance the minister's proposals.

The sub-committee's report, however, stirred a heated debate during last week's cabinet meeting. The bone of contention was the inclusion of the proposal for the removal of the presidential age limit.

Reliable sources have told The Observer that the cabinet meeting that sat at State House in Entebbe shortly after President Museveni swore-in newly-appointed ministers was sharply divided on the proposal.

A number of junior ministers, according to these sources, supported the removal of the age limit while a disgusted First Lady, Janet Museveni, shot it down. The controversial clause seeks to amend Article 102(b), which caps the maximum age for one to be elected president at 75. Read more

Kavuma Job Battle in Supreme Court

A legal challenge to the appointment of Justice Steven Kavuma as deputy chief justice has been filed in the Supreme court after a failed attempt at the Constitutional court.

In their petition, Western Youth MP Gerald Karuhanga and city advocate Eron Kiiza say they resorted to the Supreme court after the Constitutional court registry staff refused to receive their petition last week.

On March 18, there was drama at the Constitutional court when a frustrated retired Supreme court judge Prof George Wilson Kanyeihamba publicly wept after the court staff tossed them about as they tried to file the initial petition, hours before the Parliamentary approval of Justice Kavuma as deputy chief justice and head of the Constitutional court. Justice Kanyeihamba claimed the court's leadership led by Justice Kavuma ordered the registry staff to reject any anti-Kavuma petition until he was vetted and approved by Parliament.

The petitioners claim the Judicial Service Commission (JSC), which by law picks judicial nominees, did not nominate and recommend Justice Kavuma for appointment by President Museveni as deputy CJ. Read more

FDC to Battle NRM's Lyavala in Court

An attempt by opposition FDC officials to block NRM's Siraji Samanya Lyavala from taking office as the new Bugiri LC-V chairman failed on Monday.

When they learnt that the FDC was planning to secure a court injunction on Monday, NRM officials made sure Lyavala was sworn in before the court order came.

"We spent the weekend doing everything possible to ensure that nothing could fail us from seeing that he is sworn in very early in the morning before they [FDC] could even reach the court premises," an NRM insider said.

Lyavala was declared winner of Thursday's tightly-contested by-election by a margin of 157 votes against his closest challenger, Bumali Luba, of FDC. As early as 10am on Monday, Luba's lawyers were at the High court in Jinja to seek an injunction, only to be told they were late.

Lawyers Abedi Nasser Mudiobole and Asuman Basalirwa later learnt that Lyavala had already been sworn in before Iganga Chief Magistrate, Flavia Nabakooza. The lawyers argued that it was illegal for Lyavala to be sworn in before he was published in the national gazette. Read more

2010 World Cup Bombings - Can the State Nail the Suspects?

The trial of 12 suspects in the July 2010 twin-bomb attack in Uganda, which left at least 76 people dead, started at the High court last week.

The suspects are said to be members of al-Shabab, a terrorist organisation with roots in Somalia. The state has presented one witness, so far, in Mahmoud Mugisha, a convict-turned-state witness, who confessed to training in Somalia with some of the suspects. Ahead of the resumption of the trial on March 26, EDRIS KIGGUNDU looks at the highlights of the case so far.

THE SUSPECTS

The 12 suspects before Justice Alphonse Owiny-Dollo are Edris Magondu, Suleiman Hija Nyamandondo, Hussein Hassan Agade, Mohamed Adan Abdou, Omar Awadi Omor, Mohamad Hamid Sulaiman, Yahaya Sulaiman Mbuthla, Sulaiman Njoroge, Isa Ahmed Luyima, Hassan Haruna Luyima, Abubaker Batematyo and Dr Ismael Kalule.

They could have been 14 but two of them, Idris Nsubuga and Mahmoud Mugisha pleaded guilty to different charges in September 2011. Nsubuga was sentenced to 25 years in jail for his role in the Kyadondo rugby ground bombing while Mugisha was given a lesser sentence of five years for conspiring to commit a crime under section 25 of the Anti-Terrorism Act. He completed his term and has since been enlisted as a state witness. Read more

Mr President, Niringiye and Dr Kayiira Are the Luwums

I had for once spared myself from commenting on whether or not Bishop Janani Luwum deserved to be honored with a public holiday. One, his spiritual contribution and fight for democracy are both uncontested. Two, it was quite open that the timing was intended to serve a political purpose, especially when it was intertwined with the reburial of the late Lt Gen Bazilio Olara-Okello.

However, when I attended a CBS radio talk show recently, many commentators narrowed this debate to mere medals given to such heroes and ignored the fundamental issues, hence this article.

Any levelheaded person would agree that Bishop Luwum's murder was caused by his fight for democracy and justice. It is also uncontestable that his murder was orchestrated by Idi Amin's dictatorial regime. Some of the glaring dictatorial acts of that regime included taking power using the might of the gun, abolishing political parties, nationalizing private land, extrajudicial killings and murdering those opposed to the regime. Read more

Judge Threatens to Quit Sheikhs' Case

Despite yesterday's heavy downpour, hundreds of the clerics' supporters stormed the High court's International Crimes division based in Kololo to attend an application hearing.

At court, the frenzied supporters pumped their fists in the air and chanted loudly, "Allah Akbar... Allah Akbar... Allah Akbar... Allah Akbar [God is great]."

Rattled by the chants, the judge said: "By shouting like that, they [cleric supporters] might intimidate witnesses. They should have some degree of restraint and they should respect court."

"I condemn it and I won't tolerate it anymore. If they continue shouting, I will quit this case," he said sending the court into silence. Read more

Ugandan refugees petition embassies

Musa Isabirye and Timothy Yamin have also written to the United Nations High Commissioner for Refugees (UNHCR) offices in Nairobi and Geneva about what they claim is “consistent harassment”. Through their attorney Martin Dingake, the March 9, 2015 petition states that Isabirye was detained by police without a charge.

“Whilst we were in the process of settling court papers for his release, he was served with a revocation letter for his refugee status.

“The matter was set for argument on the March 16 2015 (but) the ministry attempted to deport him to Uganda notwithstanding the fact that the matter was before court,” the letter reads.

Dingake says they were forced to move without notice to stop Isabirye’s deportation hours before a Kenyan Airway flight was due to have returned him to Uganda. Read more

Uganda shuts down 5 madrassas over training extremists

KAMPALA, Uganda (AP) - Five madrassas in Uganda have been shut down over allegations they are training students to become extremists, a Ugandan police official said Monday. A Muslim leader denied the allegations.

The Islamic schools targeted for closure have been training children to become fighters in a rebel group opposed to Uganda's government, Patrick Onyango, a spokesman for police in the Ugandan capital of Kampala, told The Associated Press.

"They are brainwashing the children, training them to become recruits in a rebel group," he said. "The plan is that when they reach the right age they will be taken to become rebels."

He said three of the schools ordered shut are located in Uganda's central region while two of them are in the east.

Uganda's Daily Monitor newspaper reported Monday that a senior Ugandan Muslim leader, Kassim Nakibinge, had criticized the police's actions, saying Islamic schools are being unfairly targeted by the authorities. He reportedly accused the police of "hiding behind security to close our (madrassas)."

Local police link the madrassas to the Allied Democratic Forces, a Congo-based armed group whose fugitive Ugandan leader is wanted by Interpol over terror allegations. Jamil Mukulu, who is widely believed to be hiding in eastern Congo, has also been sanctioned by the U.S. over his alleged role in violence there.

Ugandan authorities have been warning of the growing threat of home-grown Islamic extremism that stems in part from Uganda's military involvement in Somalia, where Ugandan forces are part of an African Union force fighting al-Shabab extremists. Read more

Hon. Chief Justice and the Hon. Deputy Chief Justice Sworn-in

Hon. Justice Bart Katureebe, Hon Justice Kavuma and President Museveni at the Swearing in Ceremony

The new Chief Justice, Hon. Justice Bart Katureebe and the Deputy Chief Justice, Hon. Justice Steven Bugingo Kukiriza Kavuma, were on 20 March 2015 sworn in, together with six newly appointed ministers.

The ceremony took place at State House Entebbe presided over by President Yoweri Museveni. Present was First Lady Janet Museveni, the acting Chief Registrar Isaac Muwata. Judiciary’s two top leaders and the new ministers were accompanied by their family members.

In a short congratulatory speech, President Museveni said Uganda’s top hierarchy, as outlined in the Constitution is now full. "According to the Constitution, the president is number one, the vice president is number two, the speaker of Parliament as number three, the chief justice is number four, followed by the deputy speaker of Parliament, the deputy chief justice and the prime minister as number seven,” said the President.

He said he now expects the Judiciary to "handle with a lot of sensitivity” the serious crimes of murder, rape, defilement, matters that destabilize people’s freedoms and ownership of property. "The Judiciary will have to address the issue of serious crimes in this country as a matter of urgency,” said the President.

President Museveni further re-echoed his views on the need by the judicial officers to exercise extreme caution on matters of bail applications from capital offenders. "Bail in regard to these serious crimes is dangerous because it destabilizes the process of justice in the eyes of the public and the victims,” said the president.

To the new ministers, President Museveni said he gets bothered with the slow pace of implementation of government programmes. He gave an example of the licensing process of investors in Uganda which takes 32 days, yet countries line Rwanda and Canada does so in just two days.

He however, said he was happy that the situation in the country today is good. He said the poor performance of the dollar against the shilling is a result of over-reliance on imported goods and exportation of raw materials.

Hon. Justice Katureebe and Hon. Justice Kavuma were appointed CJ and DCJ on 5 March 2015 and they were confirmed in the positions by the Appointments Committee of Parliament on 18 March 2015.

Hon. Justice Katureebe, a member of the Supreme Court, has replaced Hon. Justice Benjamin Odoki, who retired in March 2013, whereas Hon. Justice Kavuma replaces Hon. Lady Justice Alice Mpagi-Bahigeine who retired in October 2012.

Hon. Justice Bart Katureebe Profile

He was appointed Justice of the Supreme Court, Uganda’s highest appellate court in August 2005. He brings to Judiciary’s top seat a long-standing career in the legal profession and in the government – including service as state attorney, private legal practitioner, government minister and Attorney General – spreading over 40 years.

Born in Bunyarugru, in the western Uganda district of Bushenyi on 20 June 1950, Hon. Justice Katureebe went through the Makerere University (1971–74) and the Law Development Centre in Kampala (1974-75) for his legal education, among others.

He started his professional career as a State Attorney in the Attorney General’s Chambers in 1975, rising to the rank of Principal State Attorney. In 1983, he left the Ministry of Justice for private legal practice.

Hon. Justice Katureebe later served as Deputy Minister, Foreign Affairs in charge of Regional Cooperation (1988-91); Deputy Minister of Industry and Technology (1991-92); Minister of State for Health (1992-96); and Minister of Justice and Attorney General (1996-2001).

He represented the people of Bunyaruguru County, Bushenyi in the same constituency in the Constituent Assembly that debated and passed the 1995 Constitution of the Republic of Uganda – also serving as a member of the Legal and Drafting Committee (1993-95). He was also elected representative of Bunyaruguru as legislator in the 6^th Parliament (1996-2001).

Hon. Justice Katureebe went back to private legal practice between 2001 and 2005, becoming one of the founding partners of a renowned Kampala Associated Advocates, and was at the time named in Chambers Global, 2004 as one of Uganda’s leading lawyers. He also served on the Boards of Standard Chartered Bank Ltd (director) and New Vision Printing & Publishing Company Ltd (chairman).

He has since 2007 also served as Judiciary’s representative on the Judicial Service Commission, as well as chairman of the Management Committee of the Law Development Centre.

Who is Justice Kavuma

Hon. Justice Steven B. K Kavuma was appointed Justice of the Court of Appeal/Constitutional Court on 29 October 2004.

He has since March 2013 served as Acting Deputy Chief Justice, following the demise of then Acting Deputy Chief Justice, Hon. Justice Constance Byamugisha, and subsequently as Acting Chief Justice, following the retirement of the former Chief Justice, Hon. Justice Benjamin Odoki, mid-2013.

Hon. Justice Kavuma was born on 29 September 1948, and attended Kamanya (now Bunamwaya) Primary School in Wakiso District (1960); Mengo Junior School; Mengo Senior Secondary School; Nyakasura School (1969). He then joined Makerere University, Kampala from where he graduated with a Bachelor of Laws with Honors in 1974, and attained a Post-Graduate Diploma in Legal Practice from the Law Development Center in 1975. He is also a holder of a certificate in Project Planning and Management (1997), a certificate Computer Applications (2002), and is currently pursuing a masters’ degree in International Relations and Diplomatic Studies from Makerere University.

His professional career began in 1975 as a State Attorney in the Attorney General’s Chambers (Solicitor General’s Department), from where he was seconded to head the Legal Department of the National Insurance Corporation, rising into the position of Corporation Secretary.

In 1981, Hon. Justice Kavuma left Government service and went into Private Practice under the firm name of Kavuma & Company Advocates, which firm later became Kavuma, Katureebe & Company Advocates.

Uganda: Ex-Rebels Fueling Crime - Judge

The outgoing Gulu High court resident judge, Justice John Eudes Keitirima, has attributed the growing incidents of crime in northern Uganda to former rebel LRA returnees.

Keitirima, who was recently transferred to Masaka, told The Observer in an interview that the after-effects of the war have taken a toll on some of the former rebels who have resorted to crime as a means of survival.

"Government needs to do more in terms of reintegrating these people to fit in society very well," said Keitirima, who served in Gulu for almost two years. He said hundreds of rebel returnees within the age bracket of 20 to 40 years are awaiting trial mainly on cases of defilement and murders over land disputes.

There are at least 506 committed cases awaiting trial at the Gulu High court. On average, Shs 1 million is spent on each criminal trial to facilitate state briefs, witnesses' transportation as well as allowances for the key participants in the case. This means that at least Shs 500 million is needed to clear the backlog.

In a transfer memo of March 13, 2015, the Principal Judge, Justice Yorokamu Bamwine, thanked Justice Keitirima for his "illustrious service" to the Gulu Circuit and wished him well at the new station, where he will be teaming up with Justice Margaret Oumo-Oguli in Masaka. Read more

The Untold Story of Museveni's Appointees

There was drama and controversy as parliament's appointments committee approved most of President Museveni's ministerial and judicial nominees on Wednesday. At around 11am, Speaker Rebecca Kadaga convened a preliminary session of the committee she chairs to discuss the appointees who were to appear later that day.

The appointees included Justice Bart Katureebe and Justice Steven Kavuma, nominated as chief justice and deputy chief justice respectively. Others were ministerial appointees, including Ndorwa West's David Bahati, Maj Gen Jim Muhwezi (Rujumbura), Evelyn Anite (Youth MP, North), Dr Chris Baryomunsi (Kinkiizi East), Vincent Ssempijja (Kalungu East) and Dr Philemon Mateke.

During this discussion, opposition members made it clear they were opposed to the new ministers and Justice Kavuma in particular. Led by Wafula Oguttu, the leader of opposition, they asked Kadaga to defer the vetting process. Their point was that the cabinet was not broadly representative of the national character as demanded by the constitution. Read more

Uganda to set up environmental courts

Flavia Munaaba, minister of state for water told Xinhua in an interview here on Friday that following the normal court system delays and yet the environment is degraded at a fast rate.

“We are negotiating with the judiciary to have environmental courts in place. We are talking about issues of personnel and financing,” she said.

“In the ordinary court system, there is a lot of bureaucracy and yet environmental matters need to be sorted on the spot,” she added.

She said an environmental police unit is already in place to arrest the perpetrators.

The move to push for establishment of environmental courts follows the rapid degradation of the environment in the East African country. The rapid population growth, according to experts has forced people to settle and farm in wetlands and clear forests.

Government has also come up with other measures like canceling all land titles where wetlands are located.

Munaaba said government has started restoring wetlands in some parts of the country.

“A total of 443.4km wetland boundaries have been demarcated in 16 districts. A total of 689.2ha of degraded wetland sections have been restored in the districts,” she said. Enditem

Uganda: State - Why Bantariza Is Guilty

In final arguments on March 18, prosecution spent time trying to convince the General Court Martial that Col Shaban Bantariza, the former director of the National Leadership Institute (NALI), Kyankwanzi, is guilty of defrauding the state of Shs 67m and should be convicted by the seven-member panel chaired by Maj Gen Levi Karuhanga.

Prosecution claimed that on February 3, 2011, at Akamba (U) Ltd, Old Port Bell road, Col Bantariza received a tractor, an Itmo type registration No UAN 652Z, and its accessories donated to NALI by the ministry of Finance, and instead purported to have purchased it at Shs 67m. SIRAJE LUBWAMA recorded the proceedings and below are excerpts.

Kanduho: My lords, I am Frank Kanduho representing the accused. My colleague, Lt Ambrose Baguma is for the state. The matter is coming up for final submissions and we are ready to proceed.

Baguma: The accused who was formerly the Commandant/Director NALI was arraigned before this court on 2nd July 2013. The charge sheet was later amended on 3rd October 2013 and the accused pleaded not guilty on all seven counts. On 16th February, five of the counts were dismissed and the accused was found with a case to answer in respect to two counts.

Count one: other fraudulent charges, and three: offences in relation to documents. My lord chairman and honourable members, we shall confine our submissions to count one, and leave count three to the determination of court in light of the available evidence on court record. Read more

NFA and Judiciary in joint hunt to save forest cover

The National Forest Authority (NFA) has teamed up with the judiciary to press hard on forest encroachers who are responsible for the destruction of forest cover to a drop of 18 from 24 percent.

The forest authority have stroked a collaboration partnership with the Director Of Public Prosecution (DPP) to sensitize judicial officials, ranging from magistrates to judges on how to best handle cases concerning forests. 

The sector performance report for the Ministry of Water for the financial year 2012/2013 reveals that the area of natural forests and woodlands is drastically reducing. By 2009, Uganda's forest cover was 18%, having declined from 24%in 1990. Efforts to reverse the misfortune are slim due to an unfavorable judiciary. The authority is concerned abusers manipulate the existing laws to safeguard their evil.

To avert the situation, the forest authority has strengthened ties with the judiciary to try and limit the foul players from the abuse of forest cover.

Initially, persons found participating in illegal timber deals include confiscation of the timber, a fine may be imposed and a prison sentence of not exceeding three years. And the illegal timber is auctioned out.

Penalties some view as lenient, and can't deter likely offenders.

In the recent past, the environmental police was instituted but its impact has been minimal, since they don't dictate the outcome of the case.

475 to be trained as mediators to expedite dispute resolution

ADR is a mediation process that allows parties to a dispute find a quick solution with the assistance of a neutral third party, without going through the costly and lengthy court process. 

The measure is being undertaken to ease pressure on the overwhelmed courts that are already fraught with case backlog.

The courts shall now refer every civil action for mediation before proceeding for trial, according to Rule 4 of the Judicature (Mediation) Rules, 2013, that establishes the use of mediation in dispute resolution.

JLOS is a sector wide approach adopted by the Government to bring together institutions with closely linked mandates of administering justice and maintaining law and order and human rights.

The training is meant to enhance the rollout of mediation in dispute resolution following its launch on Wednesday by the Principal Judge, Yorokamu Bamwine, at Imperial Royale Hotel in Kampala. Read more

Parliament to Vet Chief Justice, Deputy Chief Justice

Member of Parliament on March 18, 2015 vetted the newly appointed Chief Justice, Hon. Bart M. Katureebe and Deputy, Hon. Justice Steven Kavuma.

The Appointments Committee of Parliament headed by the Speaker Rebecca Kadaga also vetted some of the ministerial appointees.

Besides the Speaker, the Committee is also composed of Deputy Speaker, Jacob Oulanyah, Leader of Opposition, Wafula Oguttu and 20 other MPs designated by Party Whips on the numerical strength of the Parties and interests of Independent Members.

Parliament Spokesperson, Ms. Helen Kawesa, told the media on Tuesday that the Committee would start the vetting exercise with the Chief Justice followed by the Deputy Chief Justice.

The Committee is mandated to approve on behalf of Parliament, the appointment of persons nominated for appointment by the President under the Constitution or any other appointment required to be approved by Parliament under any law.

The Committee also deals with any question which arises under clause (4) of Article 113 of the Constitution as to whether or not any office is an office of profit or emolument, the holding of which is likely to compromise the office of a Minister or a public officer.

Meetings of the Committee are convened by the Speaker and in his or her absence, by the Deputy Speaker.

According to the rules, the Chairperson of the Committee reports to the House any appointment approved by the Committee and such reports are not subjected to debate.

Hon. Justice Katureebe and Hon. Justice Kavuma were on March 5, 2015 appointed chief justice and deputy chief justice, respectively, by President Yoweri Museveni. If approved by Parliament, Hon. Justice Katureebe, a member of the Supreme Court, will replace the former Chief Justice, Hon. Justice Benjamin Odoki, who retired in March 2013.

Hon. Justice Kavuma, the most senior member of Uganda’s Court of Appeal, has been the acting chief justice since mid-2013 when Justice Odoki retired. Once approved by Parliament, Hon. Justice Kavuma will replace the retired Hon. Lady Justice Alice Mpagi-Bahigeine, who retired in October 2012.

‘Long-overdue’ trial of Uganda terror suspects begins

The trial of 13 men accused of involvement in attacks that killed 76 people in Uganda nearly five years finally got under way on Tuesday.

The July 2010 suicide bombings targeted football fans watching the World Cup final at a restaurant and a rugby club in the capital, Kampala. Somalia’s Al-Qaeda-affiliated Shebab militants claimed responsibility for the attack, the group’s first outside Somalia.

On Tuesday, 13 men appeared at Uganda’s High Court to face a range of charges including terrorism, murder and membership of a terrorist organisation.

“The trial of the accused persons has been long overdue,” said Justice Alfonse Owiny Dollo at the opening session of what is set to be a long trial involving dozens of charges.

Dollo said the nearly five-year delay was because the suspects had challenged their trial, alleging illegal rendition and torture by Uganda’s police and other security agencies.

In October the Constitutional Court dismissed the petition, clearing the way for the trial to begin.

Dollo said the trial would now be “fair, speedy and above board”.

The accused men — seven Kenyans, five Ugandans and one Tanzanian — have all been charged with terrorism, murder, attempted murder and being accessories to terrorism.

On Tuesday all but one were also charged with belonging to the Shebab group.

The July 2010 attack was one of the deadliest by the Shebab, who also carried out the 2013 assault on the Westgate Mall in Nairobi, Kenya, killing at least 67 people.

Uganda and Kenya contribute thousands of soldiers to the African Union Mission in Somalia (AMISOM), which was established to fight the Islamists and protect the internationally recognised government.

Shebab continues to target both countries. Kenya has been hit by a string of armed attacks in the remote northeast of the county. In September Ugandan security forces seized suicide vests and explosives during a raid on a suspected Shebab cell in Kampala.

Tuesday’s trial was adjourned until Thursday.

Four senior army officers appeal against sentences

The officers argue that the General Court Martial erroneously sentenced them on wrong charges and uncorrelated evidence. 

Some also argue that the court that sits in Makindye, a Kampala suburb, tried them under wrong sections of the UPDF Act, and that it disregarded their evidence.

Lt. Col. John Kaye was sentenced last month to 10 years for murdering a man who drove his wife to their home in Nalumunye in Wakiso district in 2011. 

Under the UPDF Act, a sentence of two years in jail and beyond involves dismissal from the forces with disgrace. 

Soldiers dismissed from the army with disgrace are not entitled to retirement packages and pension.

Kaye, through his lawyer, Kiyemba Mutale, argues that the court chaired by Maj. Gen. Elly Karuhanga, disregarded his evidence showing the man he killed in “self-defense” – Steven Kabuye attempted to disarm his body guard before he descended on him (Kaye).

Kaye is relying on a medical report authored by a police pathologist, Dr. Bernard Ndiwalana, who established that the convict had a bruise below one of his shoulders. Read more

Five Years for Judges, New Name for EC

Cabinet on Friday began considering the proposed Constitutional reforms, with President Museveni insisting on abolishing bail for capital offences.

Source at the special cabinet meeting at Parliament said ministers elected to prioritise judicial and electoral reforms, arguing that these were time-bound.

"Other proposals were not introduced. So, it's very difficult to say which ones would be skipped right now," one source said late last week.

Although activists are pushing for the restoration of presidential term limits, which were scrapped by Parliament in 2005, cabinet, according to our source, shelved that debate, including that on presidential age limit, and the land question, among others. Read more

Museveni to Be Sued Over Kavuma's Job

President Museveni's appointment of Steven Kavuma as deputy chief justice appears to have run into trouble, with lawyers vowing to block it.

The development threatens to throw the judiciary, which has endured two years without substantive leadership, back into turmoil. Gerald Karuhanga, the Western Youth MP, was set to file an application over the matter in the High court today, Monday. Among other things, Karuhanga will try to stop parliament from vetting Kavuma's elevation to the judiciary's second highest-ranking job.

On Friday, Karuhanga told The Observer that Justice Kavuma was appointed illegally on March 5, when Museveni also named Bart Katureebe chief justice. Read more

Report faults judiciary for failing to fight corruption

A new report on corruption has hit the judiciary for falling to rein in officials charged with or implicated with corruption cases in magistrates' courts. Officials of the judiciary claim that there is little or no co-operation from the public in reporting such cases. 

African court embarks on Kiswahili promoting programme

The African Court of Human and Peoples’ Rights (AfCHPR) has embarked on a programme geared to produce multilingual promotional materials for the court proceedings so that it can be clearly understood by ordinary people.

 

Despite the fact that Swahili is among the African Union’s official languages, it can be given due consideration in the new court programme.

Other AU official languages include English, French, Portuguese and Arabic.

 

President of the court, Justice Augustino Ramadhani said this here when addressing the 1st Colloquium of the Coalition for an effective African Court and Human Peoples’ Rights, themed: “Building the Court we want: Reflecting on Perspective of the Proposed African Court with Criminal jurisdiction”. Read more

 

Katureebe - I Will Build a Strong, Independent Judiciary

After 10 years on the Supreme court bench, JUSTICE BART KATUREEBE was last week appointed chief justice of Uganda. In his first major interview on Monday, Katureebe spoke to Sulaiman Kakaire about key legal moments in his career and the challenges that await him.

Your appointment got overwhelming support; how are you going to meet all these expectations?

I am gratified that my nomination has received so much support from people across the political divide, tribes and religions, including people I don't know. I am humbled by that degree of support.

It sometimes gives strength because you can embark on the journey knowing that you have the goodwill of most people. You only promise yourself not to let them down. It is quite a challenge because you do not know how to handle everyone's expectation.

You cannot do miracles. All I can say is that I will do my best in the administration of justice to the country, I will build a strong independent judiciary, and I will try to do that through opening lines of communication with other branches of government. I can promise everyone that is achievable if they also pray for me...with the guidance of the almighty, all is possible. Read more

New CJ pledges independent Judiciary

In an interview about his new appointment, Justice Katureebe, who insisted that he was still treating the news as a “rumour”, pledged to work towards building a strong and independent Judiciary.

He observed: “Building institutions is not something you do in a day. I will build on what my predecessors have left in place.” “There are many people in the Judiciary who are capable, but the commission has looked around and said I am fit for the job,” added Katureebe.

Katureebe’s wife, Bernadette, also pledged to give her husband all the support he needs to carry out his new responsibilities.

Dr. Rugunda pointed out that Katureebe’s appointment still requires the approval of Parliament. However, he hastened to add: “The country has been waiting for an able candidate like Katureebe.”

Katureebe’s appointment was widely applauded by a crosssection of people, including the legal fraternity. Read more