Uganda CJ blames external interference for frail judiciary

Ugandan Chief Justice Bart Katureebe has challenged the judiciary to rethink its direction both at institutional and individual levels to gain public confidence.

Justice Katureebe, addressing the annual conference of Kenyan Judges in Mombasa County on Wednesday, said as the custodian of constitutionalism and the rule of law they should rethink their direction both at institutional and individual levels.

“We must reflect on those factors that help us build a strong, independent, efficient and impartial judiciary that then gains the confidence of the public,” he added.

Citing Uganda’s external factors within the judiciary, the CJ noted that political instability, political interference, serious budgetary constraints and disciplining of errant officers were some of the issues that could erode public confidence.

“In Uganda, the top management of the judiciary is constitutionally removed from active participation in the appointment or disciplining of judicial officers,” he said.

As judiciaries, according to him, they should resist such external factors that negatively impact on their work by speaking out when and where it was appropriate.

“We must make genuine demands for appropriate budgetary allocations. We should have a say in the recruitment of our officers,” he added.

He explained that for judiciary to be independent, competent, trusted and accountable it should administer justice to all without prejudice.

To solve all these, the CJ told the judges to address internal weaknesses such as delayed justice, lack of transparency in their procedures and decision making within their midst.

The CJ cited laziness and absenteeism, lack of integrity, corruption and lack of impartiality particularly in some politically sensitive cases as points for reference.

“To solve all these, we must at all times be guided by the Constitution and the law,” he said.

According to him the courts should be able to act as independent arbiters between persons and authorities irrespective of how powerful or vulnerable one of the parties is.

“This coupled with integrity are the wellspring for public confidence in a judicial institution. People should be able to depend on the institution under all circumstances if they are to have confidence in the judiciary,” he said.

Delivering a paper on Pro Se Litigants, Naivasha Resident Judge Lady Justice Christine Meoli noted that there was evidence of increased pro se litigants in the family, constitutional and judicial review divisions of the High Court.

She cited poverty, sparse legal aid and increased functional literacy as some of the reasons of the increase.

“Breakdown of traditional dispute resolution mechanisms and Haki yetu euphoria after promulgation of 2010 Constitution and expansive Bill of Rights could be other reasons for this,” she added.

The judge explained that some of barriers to pro se litigants were bias and hostility by overworked court workers, bar and bench and complex procedures and substantive law.

She cited other barriers as functional illiteracy and language barriers, court system designed by and for lawyers not Wanjiku, complexity in enforcement of court orders or judgments and whether superior courts were prepared for pro se litigants.