Wednesday, 30 September 2015

Why are commissions of inquiry more empowered than the Judiciary?

One of the major news stories outside of politics in the Ugandan media is about roads. A judicial Commission of Inquiry is probing the affairs of the Uganda National Roads Authority (UNRA). UNRA is the agency that was set up to build good roads and bridges to ensure value for taxpayers’ money. Now we are served stories of alleged kickbacks, abuse of office, influence peddling, corruption, impunity and outright theft, on a daily basis.
This is not new. In the past, we have had similar stories from similar commissions set up to probe the police, and Uganda Revenue Authority, among others. It is the same script with different actors. Ministers give directives outside of standard procedure. Money is diverted or stolen. There is inflation of price to enable lining of the pockets of officials. Contractors are preferred because of their propensity to pay those who award the contracts and then make up for the payment by doing shoddy work. The supervisors of the contract; already compromised then look the other way and life goes on. Read more

Tuesday, 29 September 2015

Kampala — Federal Bureau of Investigations (FBI) agents who are testifying in the ongoing Kampala bombing trial are wasting Ugandan taxpayers' money, a defence lawyer has said.
Mr Yunus Kasirivu said investigations carried out by the FBI agents regarding the July 11, 2010 bombing could be done by Ugandan bomb experts.
Mr Kasirivu's claim came on Friday during cross-examination of an FBI agent, who is a witness in the ongoing trial.
"Have you ever heard of taxpayers' money back in America?" Mr Kasirivu asked the American FBI agent, whose identity has been concealed for security reasons. Read more

Sunday, 27 September 2015

Rights groups call on AU to establish hybrid court for South Sudan, question publication delay of atrocities report

 Juba, September 24, 2015 (SSNA) -- Local and international human rights organizations have written a joint letter to the African Union Commission (AUC) Chairperson Dr. Nkosazana Dlamini Zuma urging her to attend an African Union Peace and Security Council’s meeting scheduled to take place in New York on September 26, 2015.
In the document, the agencies suggest that Dr. Zuma should use the up-coming meeting as a chance to express her commitment to establish a Hybrid Court for South Sudan and also publish the atrocities report, adding that AUC must show its commitment to justice.
“We write as a group of South Sudanese and international non-governmental organizations to encourage you to take advantage of the African Union Peace and Security Council meeting on South Sudan scheduled for September 26, 2015 in New York to express your commitment to establish the Hybrid Court for South Sudan and to help ensure publication of the report of the African Union Commission of Inquiry on South Sudan (AUCISS) without delay,” the letter reads in parts.
“Publication of the [atrocities] report of the AUCISS report remains of great importance,” the letter continues.
The groups remind AUC’s Chairperson that the recently signed power-sharing deal calls for establishment of Hybrid Court for South Sudan and Truth, Reconciliation and Healing Commission and a Compensation and Reparations Authority.
“As you are aware, the Agreement on the Resolution of the Conflict in the Republic of South Sudan, signed by South Sudan’s government on August 26, 2015 and the Sudan People’s Liberation Army-in Opposition on August 17, 2015, provides for a Hybrid Court for South Sudan to be established by the African Union Commission as well as a Truth, Reconciliation and Healing Commission and a Compensation and Reparations Authority,” the group added.Read more

International Criminal Court prosecutors filing more charges against commander in Kony militia

International Criminal Court prosecutors say they are expanding the indictment against a member of fugitive warlord Joseph Kony's feared Lord's Resistance Army to add dozens more charges.
Dominic Ongwen, who has been in the court's custody in The Hague since January, originally faced seven charges linked to a single attack on a refugee camp in Uganda in 2004. Prosecutors announced Thursday they will issue a new indictment Dec. 21 that includes 67 charges which cover attacks on three more camps and overarching charges of persecution, sexual crimes and using child soldiers.
A hearing to judge whether the evidence is strong enough to send Ongwen to trial is scheduled for Jan. 21.
Kony, whose brutal militia has terrorized parts of Uganda and neighboring countries for years, remains at large. http://www.foxnews.com/world/2015/09/24/international-criminal-court-prosecutors-filing-more-charges-against-commander/

Thursday, 24 September 2015

ICC prosecutor to file charges against individuals who interfere with witnesses

International Criminal Court (ICC) prosecutor Fatou Bensouda has said she will not hesitate to open charges against individuals giving false evidence or interfering with ICC witnesses.
In a statement sent through the Courts Field Outreach Coordinator for Kenya and Uganda, Maria Kamara, Bensouda said the court takes very seriously any attempts of obstructing the course of justice in accordance to Article 70 of the Rome Statue.
“The office of the Prosecutor takes any such attempts to obstruct the course of justice very seriously and will not hesitate to prosecute those responsible,” said Kamara.
“The prosecutor decides whether or not to prosecute individuals after carrying out a thorough assessment of all the evidence in the prosecution’s possession – the prosecution does not bring changes on any other basis.”
“The office of the prosecutor takes any such attempts to obstruct the course of justice very seriously and will not hesitate to prosecute those responsible,” said Kamara. Read more

What It Will Take to Make Ugandan Laws Up to Date

Recently, the Uganda Law Reform Commission organised a judges' meeting to discuss various proposed amendments in the current justice system aimed at removing bottlenecks in search of a speedy trial. Anthony Wesaka and Sheila Wamboga bring you the highlights of some of these laws to be amended in the Magistrates Court Act (MCA), 2007 (amended) and the Trial On Indictment Act (TIA), 2008. The MCA are the laws that govern proceedings in the magistrates court while TIA covers criminal proceedings in High Court. All these laws have been in existence for more than 50 years and need to be tailored to suit the prevailing social economic circumstances.
The government is in the process of reforming laws governing the conduct of civil and criminal matters so as to modernise the justice system and make the legal system competitive, affordable and result oriented. To achieve this, several steps have been taken. Read more

Tuesday, 22 September 2015

Court fines poacher for hunting in Murchison park

Amuru Grade One Magistrate’s Court presided over by David Okot has ordered a poacher to pay Shs3.9 million or face two years in prison for hunting in Murchison Falls National Game Park in Nwoya District.
Mr Opio Okumu, 19, was on Friday charged with illegal entry into the protected area without authority, bringing devices capable of capturing, injuring or killing wildlife protected species.
Court heard that at the time of the arrest, Mr Okumu and five others who are still at large, illegally entered through areas of Wangkwar in Tangi, Purongo Sub-county.
State prosecutor Ponsiano Okello told court that Okumu was found in possession of four spears, two knives, five bicycles and a hunting dog. Read more

FBI Agents Testify in Lugogo Bomb Trial

In an uncommon Tuesday court session at the Kampala High Court, 2 Federal Bureau of Investigations [FBI] agents testified against 13 people suspected of having masterminded the twin bomb blasts at Kyadondo and Ethiopian village in Kabalagala in 2010.
The suspects include Hassan Luyima,Hussein Hassan Agade, Idris Magondu, Mohamed Hamid Suleiman  and Yahya Suleiman Mbuthia .
The others are Habib Suleiman Njoroge,Isa Ahmed Luyima, Abubaker Batematoy, Dr.Ismail Kalule and Seleman Hijar Nyamandondo
A 45 year old FBI operative only tagged as Witness D for security reasons; who also doubles as an officer in the evidence management unit told court that in 2010 he was a supervisor in the examination and DNA department.
His major role being to review evidence, he said a 17 page report about the twin blasts in Kampala was handed to him.
”We found from the DNA tests carried out on the heads, hands and fingers  that the parts were of  the suspected  suicide bombers at Lugogo and Kabalagala,” the witness told court.
Witness D said that another report they made showed that the mattress and bed cover samples got from a safe house indicated that it belonged to one of the suspects arrested in connection with the case and had been detained at Kireka police station.
The witness told court that later the suspect was identified as Issa Luyima.
Another witness identified as E, who works with the evidence response team in the FBI said that in 2010 he was attached to the explosive unit which is mandated to examine evidence in regard to bombs.
The 50 year old said that he was part of a team that travelled from the US to Uganda to assist in the investigations in the Kampala twin bomb blasts. Read more

Sunday, 20 September 2015

ICC Lens Focussed On Wider Eastern Africa Region

The International Criminal Court (ICC) has come under heavy criticism, particularly from the African Union (AU), for disproportionately targeting Africa.
In its 13 year history, the court has only charged African nationals, but perhaps more interestingly, some regions within continent are more likely to attract the attention of the Court than others.
The wider eastern Africa region leads the continent in having the most active cases at the Hague-based Court.
Of the 29 cases currently before the ICC, 25 are from the Eastern and Central African region - a list that not only includes rebel leaders and senior military generals, but also a former vice president, a current vice president and a sitting head of state.
In East Africa, authorities in Kenya are still reeling from the recent decision by ICC judges to admit recanted evidence from five witnesses in the cases against the country's Deputy President William Ruto and radio journalist Joshua arap Sang.
Mr Ruto is the last high profile Kenyan individual charged at the Court over the 2007 post-election violence that lead to the deaths of over 1,000 people and displaced more than 600,000. Read more

Electoral Commission Wrong On Presidential Aspirants' Consultations

This week, Daily Monitor published a story where the Electoral Commission chairman Badru Kiggundu was quoted as saying: "Rallies and processions are characteristic of a campaign, which is not allowed". He was meeting presidential aspirants and the question of disrupting Amama Mbabazi's consultations was a hot issue. Apparently, the EC chairman believes the consultations amounted to campaigns which have not officially been flagged off. In his view, therefore, Mbabazi can only consult a limited number of people, invited in advance and in a controlled environment such as a hotel.
Section 3 of the Presidential Elections Act falls under the heading "Mode of Election and Qualifications for Election of President". Clearly, consultations are part of the electoral process. An election is not an event but a process. Any provision in the Presidential Election Act must be read together with Chapter Four of the Constitution (Fundamental Human Rights). If this is done, it becomes clear that Kiggundu and those following his view are wrong.
In Dr Kizza Besigye vs Yoweri Museveni and Electoral Commission 2001, Odoki CJ (as he then was) laid down a most fundamental principle in respect of elections.
He stated: "An election is the mechanism whereby choices of a political culture are known. These choices should be expressed in ways which protect the rights of the individual... . An electoral process which fails to ensure the fundamental rights of citizens before and after the election is flawed." Read more

Friday, 18 September 2015

Tabliq leader Kamoga denied bail

he constitutional court has declined to grant bail to nine Muslims of the Tabliq sect including their leader, Amiiru-Ummah Sheikh Muhammad Yunus Kamoga on charges of terrorism and murder of the prominent Muslim clerics.

They had recently petitioned the court to be released on bail pending the hearing and final determination of their constitutional petition.

The nine are part of the 24 Muslim cleric's murder and terrorism suspects who were committed to high court by the Nakawa grade one magistrate, Timothy Lumonye for trial. 

Delivering the ruling yesterday, Justice Eldad Mwagusha said that though the Directorate of Public Prosecution had defied the court orders to avail the defense lawyers with the prosecution witness statements , it does not mean that they should not be tried.

"There are victims of the alleged offences you are faced with that are interested in your trial" Mwangusha said

Mwangusha however ordered the DPP's office to avail the evidence and assured the suspects that their matter will be handled expeditiously and reminded them that he is aware that one remains innocent until proven guilty by the state.

Tight security that included Joint Anti-Terrorism Task Force (JATT) was deployed around the High Court premises and surrounding streets as hundreds of Muslims were barred from entering the court premises. 

There were no chants of "Takibir Allah Akbar" as it has been.

Other applicants were: Sheikh Siraje Kawooya, Abdusalaam Sekayanja, Abdul Hamid Mubiru Ssematimba, Rashid Jjingo, Twaha Sekitto, Yusuf Kakande, Kamoga, Sheikh Murta Mudde Bukenya (brother of Kamoga) and Sheikh Fahad Kalungi.

Fred Muwema, representing the applicants together with Twaha Mayanja, Davis Tusingwire and Allen Kagoye had asked the court to release the petitioners saying that they filed a constitutional petition challenging the constitutionality of their arrest, detention and prosecution. Read more

Kabale Court Issues Arrest Warrants for Besigye, Lukwago

Kabale Chief Magistrate, Agatonica Mbabazi has issued arrest warrants for political activists in the For God and my Country (4GC) activism group.
The magistrate issued the warrants for FDC flag-bearer Kizza Besigye and embattled Kampala Mayor Erias Lukwago because the suspects failed to show up in court for a third consecutive time.
Other suspects affected by the warrants are FDC women league leader Ingrid Turinawe and Rukungiri Municipality MP Roland Mugume. The suspects were not even represented in court by their lawyers.
The activists are charged with inciting violence at a rally in Kabale Municipality stadium in 2012. Prosecution claims Besigye and others injured four police officers and vandalized three police vehicles.
The arrest warrants were given to their sureties who included Kabale FDC Chairperson Lydia Turyahumura, Kabale Municipality Mayor Pius Ruhemurana, Kabale Central Division chairperson Sentaro Byamugisha and Kabale Central Division Speaker Julis Tituryebwa. Read more

Laws empty without firm judiciary, says judge

Judges should be independent by resisting anyone who infringes on their powers, a South African judge has said.
Justice Johann van der Westhuizen also said judges should not fear adjudicating cases that are seen to be political and that the constitution will be full of empty promises if the courts cannot enforce its provisions.
“The constitution will be full of empty promises if the court cannot enforce provision in the constitution. The Court must not fear to adjudicate cases that have political implications,” he said.
The judge made the remarks on Wednesday during the 2nd National Conference on Economic, Social and Cultural Rights at Makerere University. Read more

Thursday, 17 September 2015

Museveni's Choice of Judges for Promotion Raises Questions

President Museveni recently named judges to the Constitutional court and Supreme court, drawing praise for some of his choices, but also criticism for persistently ignoring some candidates.
Museveni promoted five justices of the court of Appeal to the Supreme court, namely Augustine Nshimye, Lillian Tibatemwa, Faith Mwondha, Eldad Mwangusya and Ruby Opio Aweri. The new judges will go some way filling gaps on the bench, following the retirement of Justices Benjamin Odoki, John Wilson Tsekooko, Galdino Okello and Christine Kitumba.
Seven more judges were appointed to the Court of Appeal: Alfonse Owiny-Dollo, Elizabeth Musoke, Paul Mugamba, Simon Byabakama, Catherine Bamugemereire, Cheborion Barishaki and Hellen Obura. Interviewed separately by The Observer, insider sources in the judiciary said the president has yet again passed over some judges recommended as fit for promotion to the Supreme court by the Judicial Service Commission (JSC). Read more

Wednesday, 16 September 2015

IGG Concludes Investigations Into Minister Byandala's Katosi Road Scam Case

The Inspector General of Government (IGG) has concluded its investigations into the corruption case of Mukono- Katosi road involving minister without Portfolio Abraham Byandala, and five others.
The IGG representative, Thomas Okoth, this Tuesday morning informed court that investigations are complete and asked for two more weeks to finalize with the committal papers to have the suspects sent to the High Court for trial.
"Our investigations are complete and we pray for two weeks so that we can finalized with the committal papers," Mr Okoth told the presiding Senior Grade Magistrate Julius Borore at the Anti-Corruption Court in Kampala on Tuesday.
Accordingly, the magistrate granted the IGG the two weeks request to enable them fianlise with the papers so that Byandala and his said accomplices can stand trial. The suspects return to court on September 28 for comiittal. The court also extended the suspects' bail till then. Read more

MPs caution judges on high backlog of cases

Members of Parliament have advised judges to undertake immediate interventions to reduce the high backlog of cases. 

The Parliament Appointments committee raised the concern on Monday while vetting the new judges of the Supreme Court and Court of Appeal.

The legislators also tasked the judges to combat the increasing cases of corruption, loss of case files, and lack of supervision to the lower courts in Uganda's judiciary.

"Corruption and backlog of cases were the major issues of concern during the vetting meeting," revealed one of the MPs who preferred anonymity. Read more

Tuesday, 15 September 2015

Ugandan president says anti-gay law ‘not necessary’

Ugandan President Yoweri Museveni on Saturday said an anti-gay law he signed last year was “not necessary” because his country already bans consensual same-sex sexual relations.
The Associated Press reported that Museveni told reporters in Tokyo that the Anti-Homosexuality Act “was not necessary because we already have a law which was left by the British which deals with this issue.”
Museveni in February 2014 signed the statute under which those convicted of repeated same-sex sexual acts faced life in prison.
His decision to sign the Anti-Homosexuality Act sparked outrage among LGBT rights advocates in Uganda and around the world. Read more

Parliament vets appointed judges

The Appointments Committee of Parliament has commenced the vetting of 28 judges appointed by the President early May. Those under scrutiny by the Committee chaired by the Speaker of Parliament Rt.Hon. Kadaga Rebecca include two judges appointed to the Supreme Court, nine judges of the Court of Appeal and 17 judges for the High Court.
The committee was scheduled to interact with Hon. Justice Amos Twinomujuni and Hon. Justice Arach Amoko both appointed to the Supreme Court of Uganda.
Those considered for appointment to the Court of Appeal include Hon. Lady Justice Solomy Bbosa, Mr.Richard Buteera the current Director of Public Prosecutions, on. Justice Geoffrey Kiryabwire,Justice Apio Aweri,Hon.Lady Justice  Faith Mwondha,Hon.Justice Egonda Ntende,Hon,Justice Eldard Mwangusya,Professor Lillian Tibatemwa Ekirikubinza and Mr. Kenneth Kakuru.
The President also appointed Henry Peter Adonyo, Margaret Tibulya, Elizabeth Jane Alividza, Godfrey Namundi, Henrietta Wolayo, John Eudes Keitirima, David Batema and Kaweesa Isabirye to the High Court. Read more

Thursday, 10 September 2015

Let LRA rebel hearing be held in Uganda, says ICC

The Hague - A hearing to confirm charges against notorious Lord's Resistance Army (LRA) rebel Dominic Ongwen should be held in Uganda, the International Criminal Court said on Thursday, as it dropped the case against a second LRA leader.
"The chamber considers that it would be desirable and in the interest of justice to hold the confirmation of charges hearing in Uganda," the ICC judges said in a statement.
The case should be heard "closest to the location of the alleged crimes", if possible the northern town of Gulu, or the capital Kampala.
Ongwen, around 40, a former child soldier-turned-warlord, faced the ICC judges earlier this year for the first time on charges of war crimes and crimes against humanity.
He was handed over to the Netherlands-based court in January following his surprise surrender to US forces, who are helping Uganda track down LRA rebels.
Led by its charismatic leader Joseph Kony, the LRA has waged a campaign of terror for the past three decades across central Africa.
The group is accused of killing more than 100 000 people and abducting 60 000 children in a bloody rebellion in northern Uganda that started in 1987. Read more

EDITORIAL: Clean-up Judiciary

A shocking message has, once again, come out of recent screening by the Judges and Magistrates Vetting Board. For the umpteenth time, the citizens looking to courts for fairness have been reminded that rogue elements could still be running the show in the corridors of justice.
That’s the stark message that came out in the open when eight magistrates – out of 36 vetted so far - were shown the door for failing the integrity test.
In a country where civil servants go on strike over salary delays and pastors perform all manner of miracles to earn extra cash, some magistrates have never touched their pay in two years.
In the absence of proper explanation, it can only be assumed that alternative cash comes from people they interact with in the course of discharging their duties.
And the details of the charges, ranging from open bribery to unexplained bank deposits, reveal justice on sale. More shocking details are set to emerge as the Board continues with its vetting. Read more

Ogoola to judges: Respect your clients

Former Principal Judge James Ogoola has asked judicial officers to respect their clients and offer them the best services they deserve.
Speaking during a training workshop for judicial officers at Mbarara High Court on Tuesday, Justice Ogoola said most court clients suc as the accused, defendants and victims of crime usually fear judicial officials because they think the Judiciary is corrupt, rude, merciless, lazy and unjust.
“Why should a noble institution like the Judiciary be corrupt? We are competing with police neck-to-neck every year on corruption. lf police this year is number one, we are number one the following year,’’ said Justice Ogoola, who is also the chairman Judicial Service Commission.
The advice
“We cannot have these clients trust us unless we are professional. They are not tourists that they come to look at court building or something of sort, so you need to greet them first before they greet you because they fear you. Sometimes they come while shaking, therefore, you need to comfort them,’’ he said.
Justice Ogoola cautioned lawyers and advocates who use jargons during court session that they scare away clients since they cannot understand the language.
Mbarara High Court resident judge Justice David Matovu acknowledged the mistakes that some judges make. Read more

UNRA Probe Gets 3 Months Extension

The Commission of Inquiry into Allegations of Mismanagement, Abuse of Office and Corrupt Practices in the Uganda National Roads Authority (UNRA) has been extended by another three months.
President Yoweri Museveni, on September 5, 2015, signed a new instrument extending the Commission time from the original three months – which was to expire on September 7, 2015. "The Commission shall submit a report of its findings and recommendations…to the President in December 2015,” the new instrument read in part.
The Commission’s Chairperson, Hon. Lady Justice Catherine Bamugemereire, who was recently appointed alongside six others to the Court of Appeal, has welcomed the extension.
"It comes at an opportune time as the Commission prepares an interim report on the work so far handled. The extra time granted will go a long way in helping the Commission to cover all the areas of the Terms of Reference,” she said in an interview.
The Commission has in the past three months covered about 60 per cent of its mandate in which it has investigated into the handling of civil works, contracts management, the handling of more roads, and areas of procurement. She said part of the Commission time was taken up by the extensive paperwork and desktop preparation works before the field and public hearings that was quite extensive.
"We hope that the next quarter will be a little faster because we got quite a lot of information. But the amount of public interest outpaces the time the Commission can ever have,” said Hon. Lady Justice Bamugemereire.
The other Commissioners on the five-man probe team include: Ben Okello Luwum, Abraham Nkata, Eng. Patrick Rusongoza and Richard Mungati. Others include Charles Emuria (Commission secretary), Daniel Rutiba (assistant commission secretary), Andrew Kasirye (lead counsel), and Mary K. Kutesa (assistant lead counsel).
The Commission conducts public hearings at the Imperial Royalle Hotel’s Equator Hall in Kampala.
The Commission Terms of Reference
1.     To investigate and inquire into the procurement and contract management processes by which UNRA awarded contracts for national road works.
2.     To generally examine, investigate the procurement of works, services and supplies by UNRA.
3.     To investigate and inquire into the management, supervision and administration of national road works by UNRA.
4.     To generally examine and inquire into the legal and corporate governance structures of UNRA.
5.     To investigate and inquire into the financial management systems of UNRA.
6.     To investigate and inquire into the acquisition of land by UNRA and generally to examine the basis and methodology employed by the Authority to compensate land owners and persons affected by national road works.
7.     To investigate and inquire into the management, supervision and administration of public weigh-bridges by UNRA.
8.     Generally, to inquire into any other matter which appears to the Commission, to be reasonably related to the matters above or to be in the public interest.
9.     To make appropriate recommendations based upon their findings for remedial actions or such other actions against persons found to have acted improperly in the discharge of their public duties and those persons who benefited from the impugned actions of the public officials.
10.  To make appropriate recommendations upon their findings for criminal prosecution or other actions against any person found to have engaged in criminal or improper conduct.
11.  To make any other recommendations as it may consider appropriate in the public interest.
Related stories:

Bomb suspects case in balance as judge moved

Following the recent promotion of the trial judge in the high profile bomb case by yesterday it remained unclear whether Justice Alphonse Owiny-Dollo will continue to preside over the case or leave it to a new judge.
Justice Owiny-Dollo is among the six judges of the High Court who were this week promoted to the Court of Appeal by President Museveni.
His promotion comes at a time when prosecution had presented more than 30 witnesses out of the over 100 they intend to present.
The matter involves 13 suspects who are accused of being behind the 2010 Kampala twin bombings that killed at least 76 people who were watching a World Cup match at Kyadondo Rugby Club and Ethiopian Village Restaurant in Kampala. Read more

Tuesday, 8 September 2015

Tumwesigye to Act on Errant Judges

Justice Jotham Tumwesigye has promised to speed up disciplinary action against errant judicial officers as one of the changes he wants to bring to the Judicial Service Commission (JSC).
Justice Tumwesigye made the promise on Monday after he took oath as member of the nine-member commission that is mandated to recruit and discipline errant judicial officers.
The Supreme Court justice now replaces Chief Justice, Bart Katureebe, who was earlier this year appointed to the helm of the Judiciary.
Justice Tumwesigye was last week appointed by President Museveni to represent the Judiciary on the JSC headed by Justice James Ogoola. Read more

Justice Denied:The Reality of the International Criminal Court

“Imagine if there were a criminal court in Britain which only ever tried black people, which ignored crimes committed by whites and Asians and only took an interest in crimes committed by blacks. We would consider that racist, right? And yet there is an International Criminal Court which only ever tries black people, African black people to be  precise, and it is treated as perfectly normal. In fact the court is lauded by many radical  activists as a good and decent institution, despite the fact that no non-black person has ever  been brought before it to answer for his crimes. It is remarkable that in an era when liberal  observers see racism everywhere, in every thoughtless aside or crude joke, they fail to see it  in an institution which focuses exclusively on the criminal antics of dark-skinned people from  the ‘Dark Continent’…. Liberal sensitivity towards issues of racism completely evaporates when it comes to the ICC, which they will defend tooth and nail, despite the fact that it is quite clearly, by any objective measurement, racist, in the sense that it treats one race of people differently to all others.

Clark makes that case that “even if it is considered justifiable for the ICC to open investigations on the basis that Uganda’s military and police (rather than judicial) capacity is insufficient to address serious crimes, the fact remains that the ICC itself has neither military nor police capacity.”The Uganda-based International Refugee Rights Initiative has also asked the key question: “Where was the gap that the ICC needed to fill in the armoury of tools that were available to pursue accountability and end the war? It seemed clear to those on the ground that the issue was not whether Kony and his senior commanders could be tried; it was whether they could be caught.”
This also applied to the Congo self-referral. Geoffrey Robertson observed that the ICC’s Lubanga indictment which followed the DRC self-referral was “criticized on the basis that they charge crimes committed in the province of Ituri, which has the best functioning courts in the country (thanks to a $20 million EU grant) where Lubanga was already facing much more serious charges than the single offence levelled at him by the ICC, namely that of recruiting child soldiers”. Read more

New Justices Appointed to the Supreme Court and Court of Appeal

President Yoweri Museveni has appointed Justices of the Supreme Court and Court of Appeal.
Supreme Court:
1. Hon. Justice Augustine Nshimye
2. Hon. Lady Justice Faith Mwondha
3. Hon. Justice Opio Aweri
4. Hon. Eldad Mwangusya
5. Hon. Lady Justice Prof. Lillian Tibatemwa - Ekirikubinza
Court of Appeal:
1. Hon. Justice Alphose Owiny Dollo
2. Hon. Lady Justice Elizabeth Musoke
3. Hon. Justice Paul Mugamba
4. Hon. Justice Simon Byabakama
5. Hon. Lady Justice Catherine Bamugemereire
6. Mr. Cheborion Barishaki
7. Hon. Lady Justice Hellen Obura
The names have been forwarded for parliamentary approval.

Justice Tumwesigye Sworn In To Judicial Service Commission

Justice Jotham Tumwesigye
Supreme Court Justice Jotham Tumwesigye was on September 7, 2015 sworn-in as the ninth member to the Judicial Service Commission (JSC), replacing Hon. Justice Bart Katureebe, who recently was appointed Chief Justice.
Upon taking oath, Hon. Justice Tumwesigye promised to swiftly deal with errant judicial officers, so that wrong characters are up rooted from the judiciary that has been grappling with a bad image.
Hon. Justice Tumwesigye will be representing the Judiciary on the Commission that is headed by Hon. Justice James Ogoola.
The Hon. Chief Justice, who administered the oath, reminded Hon. Justice Tumwesigye of the crucial role that the commission he has joined plays in as far as recommending suitable candidates to the appointing authority for appointment. He asked him to read from the same page as other commissioners.
The Chief Justice also took the same forum to brief the members of the commission about the issues that they discussed with President Museveni when they met him on September 2, 2015.
Speaking at the same swearing in function that was held in the chambers of the Chief Justice, Hon. Lady Justice Dr. Esther Kisaakye, a member to the JSC, welcomed Hon. Justice Tumwesigye to the commission before asking him to make sure that the vacant positions at the Supreme Court are filled in time.

Retire With all Your Benefits - President Museveni Tells Judicial Officers

President Yoweri Museveni has assured the Hon. Judges of state security after their retirement and said judicial officers should retire with 100% of their normal service benefits.
The President was on September 2, 2015 speaking to over 63 judges whom he hosted at State House in Entebbe, said this is a cost effective way of addressing the welfare of the judicial officers.
He said there is no serious dialogue between the three arms of government; the Executive, the Legislature and the Judiciary, to talk about strategy and ideology of the country.
"We only talk about sharing resources which is not enough. We must understand, what does the State want to do? There’s a weakness of harmony and orientation of strategy,” he said.
Responding to a presentation by the Chief Justice, Hon. Justice Bart M. Katureebe, on the transformation of the Judiciary for National Development, President Museveni cited UPE and USE that were initiated by government following a steady tax collection regime.
"We thought having these children in school was unavoidable. When the tax collection improved from UShs2.8 billion in 1986 to UShs728 billion in 1997, we started UPE. The number of children in school jumped from the initial UShs2.5million to UShs8.8million. The Problem is that with policies and prioritization, the Judiciary is not involved that is why they don’t get the logic and factors taken into account,” he said.
The President said with the tax collection now at UShs12, 000 billion (12 trillion), government has invested in infrastructure development in the education, health, roads and electricity sectors.
"Public service increased teachers from 80,000 to 160,000 with increased classrooms. There was load shedding which has stopped. We were spending very little of our money on infrastructure and depended on donors,” he said.
The President said government now spends UShs3, 000 billion on roads, UShs1, 700 billion on electricity and quite a bit on the army.
President Museveni said that government has put more efforts in the construction of roads in all parts of the country using locally generated resources. He said the roads would have a big impact on the national economy because they would serve for a long time and provide an opportunity to address other important sectors that need to be funded.
"We spend quite a bit on the army to be able to build a strong army although soldiers get low wages. Amin soldiers were well paid but had no weapons. But we said weapons first. We brought peace cheaply with most of our soldiers sleeping in Maama ingia pole. If we did not do this, we would have our country run by the United Nations,” he said, adding that peace is enabling Uganda to get more money.
"I can speak authoritatively that we have one institution that has given you exemplary service cheaply. It’s not a story, it’s not something I read in a book, I have it here on good record,” he said.
He urged the Judiciary to improvise in line with housing for the courts and proposed institutional housing for judicial service officers.
President Museveni said that the Government was fully committed to providing vehicles for all judges and Magistrates in the country and proposed that they establish a SACCO that government can facilitate. He said that the government would soon fund medical check-up for them in health facilities of their choice within the country.
HE Museveni said government will support the UShs36 billion five year ICT strategic plan to roll out a robust case management system providing for E-filing to reduce timelines and loss of files.
The Chief Justice, Hon. Justice Bart Katureebe, commended President Museveni for eliminating extra Judicial killings in the country. He however, pointed out that the judiciary has rental arrears of UShs3 billion and that the Supreme Court may be up for eviction if nothing is done.
Hon. Katureebe said with a 46% growth in the budget from UShs.63billion in 2012/13 to UShs.92 billion in 2014/15, performance also increased by 49% from 102,000 cases in 2010/11 to 152,000 cases disposed of in 2014/15.

Plea Bargaining Initiative Launched in Katojo Prison

FORT PORTAL: At least 200 accused persons from Katojo Prison in Fort Portal are to benefit from Plea Bargaining initiative.
Unlike the previous launches, this Access to Justice Initiative was launched on August 24, 2015 was taken directly to the accused persons inside a prison.
The Principal Judge, Hon. Dr. Justice Yorokamu Bamwine, who chairs the Plea Bargaining Task Force led a team of key members of the Criminal Justice System from Kampala to the launch in Fort Portal.
Said Hon. Justice Dr Bamwine: "In the past, focus has been on District Coordination Committees (comprised representatives of key Justice Law and Order institutions), but now it is turning to the other stakeholders, the accused persons.
He said the instant results of the Plea Bargaining programme would weed out a number of recurring inefficiencies such like absentee judicial officers, case backlog, and overstay of remand prisoners in prison. 
Ronald Mugisa, a man accused of defiling a 15-year-old was the pioneer inmate to benefit from the Plea Bargaining programme in Fort Portal. After pleading guilty to the charges and appearing remorseful during the process, he was handed a five-year prison sentence. The area State Attorney, Adams Wasswa, said all the parties involved had come to an agreement, and that both the victim and her father had forgiven him.
Hon. Justice Dr. Bamwine said that in developed countries, most criminal cases are plea bargained, which avoids lengthy trials. "If well handled, this is the best approach for an offender, so embrace it." 
During an interface with the prisoners, an inmate, Mr. Fred Tumwine, who has been on remand since 2011 on a robbery charge, wanted to know his fate since the police file cannot be traced. Hon. Justice Bamwine said that the area Resident Judge, Hon. Justice David Batema, would make a ruling on the matter.
The Hon. Principal Judge, Hon. Justice Dr. Bamwine (above second Right standing , Hon. Justice Batema (standing right below) and Mugisa (with a prisons officer) after getting his sentence
Many prisoners were eager to know how they could be enrolled on the programme.  Mr. Andrew Khaukha, the coordinator of the Plea Bargaining Task Force, advised them to register with the prison in- charge who will forward their names to the registrar High Court to cause list, then a plea bargaining session can be held.  Since last year when the pilot was undertaken, there has been a lot of capacity building that has been done.
In July, during the National Plea Bargaining Conference in Kampala, the Chief Justice, Hon. Justice Bart Katureebe, appealed to Judges to embrace the Plea Bargaining the initiative. He said, "the current backlog calls for extra ordinary measures and plea bargaining is one of them."
Court of Appeal’s Hon. Justice Geoffrey Kiryabwire said there is need for a monitoring and evaluation tool to gauge the quality of Plea Bargaining sessions.
Asked why there is only an initiative for people willing to plead guilty yet there are many people in jails who claim to be wrongly accused, Khaukha says the initiative helps such people as well. He said: "while this initiative can only be piloted to people willing to plead guilty, the initiative frees criminal sessions for people with pleas of not guilty".
According to Mr. Khaukha, 200 accused persons who have embraced the Plea Bargaining programme in Fort Portal helped the Judiciary to make a saving of Shs140 million which would have been spent on ordinary trials. A case handled under Plea Bargaining costs the Judiciary about UShs300, 000, compared to the UShs1 million budget for a case under the conventional trial mechanism.