Amnesty lauds Uganda for saving convicts

As the World is still recovering from the diplomatic row triggered by the recent judicial executions of nine foreign convicted drug traffickers in Indonesia, a 2015 Amnesty International report has cited Uganda among the few African countries sparing convicts from the gallows. 

While several countries led by Australia urged clemency for the convicts, Indonesia hurriedly executed the convicts by firing squad. The convicts came from Australia, Philippines, Indonesia and Nigeria.      

But a report on Death Penalty in Africa by Amnesty International says Uganda is among the few African countries which uphold death sentence but did not execute any convict last year. 

The same report named Equatorial Guinea, Egypt, Somalia and Sudan as countries that heavily execute convicts. 

Equatorial Guinea executed nine; Egypt 15, Somalia 14 and Sudan 23, making a total of 61 judicial killing executed in Africa.  

Amnesty indicated that the continent registered 1446 death sentences in 2014. 

The report revealed that Nigeria recorded the highest number of death sentences standing at 659, followed by Egypt with 509 cases. 

Other countries with outstanding death sentences last year were Tanzania with 91 cases, Somalia 52+, Zambia 13, Zimbabwe 10 and Sierra Leon 3, Morocco 9, Sudan 14, Kenya 29, Ghana 9, Algeria 16, Mali 6 among others. 

Amnesty International observed that the 1446 death sentences on the continent posted a 139% increase in death sentences in 2014 as compared to 2013. Read more

Alipanga's Sole Candidate Petition Set

New documents in the Constitutional court present legal arguments for and against the ruling NRM's endorsement of President Museveni as its sole candidate going into the 2016 elections.

At its retreat in Kyankwanzi in February 2014, the NRM parliamentary caucus adopted the now-controversial sole-candidate resolution, which is being challenged by Benjamin Alipanga in documents filed on April 30.

Alipanga's lawyers argue that endorsing President Museveni as NRM sole candidate was illegal in as far as it doesn't conform to the democratic principles enshrined in the constitution.

"It is a command that positions of leadership ought to be opened to all bona fide Ugandan citizens and the constitution categorically prohibits ring-fencing of any elective position of leadership," they assert.

In January, deputy chief justice Steven Kavuma dismissed an earlier application by Alipanga that sought to temporarily block the approval of NRM's new office-bearers by the party's national executive committee. The targeted leaders were, Justine Kasule Lumumba, who replaced Amama Mbabazi as secretary general; Richard Todwong, the deputy secretary general; Rose Namayanja, treasurer; and Dr Kenneth Omona, deputy treasurer.

In his ruling, however, Justice Kavuma said Alipanga's main application raised constitutional matters that merited investigation. The said application is now due for consideration.

On December 24, 2014, Alipanga, 47, a student of psychology and education sciences at Kent University, challenged in court both the Kyankwanzi resolution and the manner in which it was being popularized.

In its conferencing notes, NRM has indicated it intends to ask court to summarily throw out Alipanga's petition on grounds that it was amended without seeking court permission.

"Pleadings in a constitutional matter are deemed closed upon the filling of an answer to the petition and a supporting affidavit. Read more

Any document filed after closure of pleadings must be done with leave of court," the party argues.

Wambuzi Speaks About Life As Three-Time Chief Justice (part II)

The former Chief Justice Samuel William Wako Wambuzi recently launched a book; The odyssey of a judicial career in precarious times, which chronicles his life as a three-time chief justice of Uganda.

In an interview with Pius Muteekani Katunzi shortly before the launch, the former CJ spoke about his inspiration for the book, his life story and career on the bench. Below is the second part of the interview, the first one having been published on Monday.

Problem is, the public knows little about the law council, which is charged with, among other things, disciplining the advocates. Often, when one is wronged by a lawyer, he just resigns to his fate.

I know there are problems in society. Problems like ignorance and things like that. We in law say ignorance is no defence (laughter). But what you are raising is important because the institutions charged with those responsibilities should be easily identified so that the public knows that in such and such a case this is what you should do.

Well, this is a question of educating the people about their rights and what can be done when they are wronged. But I agree that when you work too quietly and nobody knows what you are doing, that may hurt the public because they don't know what is going on.

Perhaps, making known what you are doing would be worthwhile. But ideas come from people, unless you have pointed out something, some things may just go on. If there is that sort of thing, well I have seen letters in newspapers, this is drawing attention. Maybe if we draw attention to the law council, they would take some steps to publicize their activities. And that way, help the public.

You went through a number of challenges while in school; Makerere University College failed you and so did Kabete Veterinary School, yet you were excelling in certain contests.

You even won an award at Kabete. Was this a problem of the education system, which seemed to be more interested in grades than the holistic approach?

Quite honestly I don't know. I was puzzled myself. Rightly or wrongly. When you refer to the Kenyan things, I thought I had stepped on the wrong toes. And that was the reason. I don't think I had a complaint about the educational system. It was the way I think we reacted to situations.

We thought perhaps we offended the authorities by pointing out that they were lax in allowing armed men to come to our hostel and take a student at night and they didn't intervene. This was the complaint and maybe suggesting that the school should be moved back to Kampala may have perhaps annoyed the people and [they] said what sort of student is this? I walked away with my award from Kabete but I was discontinued. I was puzzled myself. Read more

Kanyeihamba Writes Back to Katureebe

Retired Supreme court judge George W. Kanyeihamba has responded to Chief Justice Bart Katureebe who recently asked him to name in confidence the judicial officers he alleges to be corrupt. Kanyeihamba told The Observer on Monday that he had written back to Katureebe.

"The matter is confidential but I wrote back to the chief justice telling him that I'm going to compile the information he asked from me. That's all I can say," Kanyeihamba said by telephone.

In a letter dated April 22, Justice Katureebe commended the retired Kanyeihamba's outspokenness against corruption in the judiciary but challenged him to go beyond talking about it.

"I, therefore, would appreciate if you would give me in confidence the names of the judicial officers that you know to be corrupt and instances of such corruption. I shall then proceed to deal with the matter in accordance with the law and the constitution," Justice Katureebe wrote.

The new chief justice also wrote separately to senior lawyer Peter Mulira and Tamale Mirundi, the controversial president's press secretary, making a similar request.

During the annual lawyers' day event held at Nkumba University on April 19, Kanyeihamba said: "There is one judge who is very corrupt and is known to the Uganda Law Society; he's known by the IGG, he is known in the law council. There are a number of complaints against him and he is still a judge." Read more

Judicial reforms must include entire system

The public is receptive to Chief Justice Bart Katureebe’s call to shake up the Judiciary. But history in these matters is the best teacher.

Since 1986, only three Judges have been removed from office or forced to retire from office: Justices Absolom Oteng, Moses Kalanda and Richard Oscar Okumu-Wengi. Justice Anup Singh attained retirement age after prevailing in at least one case challenging the manner in which he was recommended for removal from office. In the lower ranks of judicial officers, cases of successful removal are fewer and far between. It took nearly a decade, for example, to get rid of a magistrate who raped a staff member from the chambers of the deputy Chief Justice! 

As the system stands today, before castigating Judges generally, we must admit that they are a reflection of society in which we live today. For 30 years - after implementing structural adjustment, the public has accepted to keep pay generally lower than a living wage. A public officer is expected to survive from the “trappings” of office rather than his pay. In the Judiciary, the court clerk who is expected in office at 8.30 am per standing orders, must make it there each morning dressed at par or presentable as are other members of court, including the Judge and Advocates. I am yet to see a single proposal arrive at the higher echelons of government that laments the laughable pay of the lower judicial officers. There is a routine speech given every year at the opening of the Law Year lamenting lower pay. The authors of this speech pray hard that they are considered for promotion but have never evaluated their success in pushing for better pay for the Magistrates’ Courts whose subject matter jurisdiction covers 70 per cent of all judicial disputes.

Removing Judges, at least as for now, requires constitutional amendments to streamline the process. The Judicial Service Commission is riddled with inherent conflicts of interest. It is very difficult for a body that makes appointments to remove them, especially if one takes into account that certain members are “entrenched” members. They are sitting Judges. In the same vein, it is not wise for the Chief Justice to get involved in personnel and discipline decisions. Read more

Katureebe Asks for Names of Corrupt Judicial Officers

Chief Justice Bart Katureebe has written to three individuals who recently alleged corruption in the judiciary, asking them to name the errant judicial officers.

The Observer has learnt that Katureebe recently wrote to senior lawyer Peter Mulira, retired Supreme court judge George Wilson Kanyeihamba and President Museveni's press secretary Tamale Mirundi, asking them to present evidence to back up their allegations.

In his letter of April 22 to Kanyeihamba, Katureebe wrote: "I appreciate your concern about any form of corruption in the judiciary. We all should work towards the elimination of the cancer of corruption not only in the judiciary but in our society as a whole."

He added: "I, therefore, would appreciate if you would give me in confidence the names of the judicial officers that you know to be corrupt and instances of such corruption. I shall then proceed to deal with the matter in accordance with the law and the constitution."

During the annual lawyers' day event held at Nkumba University on April 19, Kanyeihamba said: "There is one judge who is very corrupt and is known to the Uganda Law Society; he's known by the IGG, he is known in the law council. There are a number of complaints against him and he is still a judge."

Asked on Friday to comment on Katureebe's letter, Kanyeihamba denied receiving the same.

"I have not received the letter. Probably you can ask the chief justice's secretary if she indeed sent the letter. But even if I had received it, I wouldn't tell you the contents because the matter is purely confidential," Kanyeihamba said. Read more

Judiciary to train 450 case mediators

Key points about this news item Judiciary to train 450 case mediators

The head of the High Court’s Commercial Division, Justice David Wangutusi, revealed this on Wednesday while meeting court users at Kabale High Court. He also said Shs100, 000 will be paid to the mediators for every three cases completed.

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At least 450 people of proven integrity are to be trained by the Judiciary to mediate in civil court disputes in order to reduce the backlog in courts and promote reconciliation among the wrangling parties.

The head of the High Court’s Commercial Division, Justice David Wangutusi, revealed this on Wednesday while meeting court users at Kabale High Court. He also said Shs100, 000 will be paid to the mediators for every three cases completed.

“Mediation keeps people together, while litigation fuels hatred and divisions amongst the involved parties. Lawyers should encourage and guide their clients for mediation instead of promising them impossibilities in cases of water-tight judgments,” Justice Wangutusi said.

He also advised the parties involved in the mediation to refrain from cases where they have personal interests. He said the mediation should be stopped once corruption is detected.

The assistant registrar for mediation at the Commercial Court, Mr Vincent Emmy Mugabo, said: “Mediation in civil court cases and plea bargaining for criminal cases shall help in promoting harmony and unity among parties involved, besides reducing congestion in government prisons and backlog of cases in courts. This process shall help the parties to resolve the matter at minimum costs as court shall facilitate the mediation process.”

The resident judge at Kabale High Court, Justice Michael Elubu, praised the Judiciary for the initiative, saying it will benefit both the judicial officers and the community.

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