Outstanding Judicial Officers Awarded

I s s u e 4

3rd September 2018

Introduction

Highlights from the Judiciary Scorecard Report 2017

Remarks from the President Uganda Law Society

Remarks from the Rt. Hon Chief Justice

Award Ceremony of certificates to outstanding judicial officers

Cocktail at Mestil Hotel

I n t h i s I s s u e

I n t r o d u c t i o n

The Center for Public Interest Law (CEPIL) is a non- profit, non-partisan, non-religious organization that aims at ensuring every person has equal access to social, economic and political opportunities without discrimination

on the basis of their ethnicity, social standing, religion, political opinion, or membership of a political party or organization.In 2016, CEPIL launched the State of Judiciary Report. This report highlighted the institutional and external weaknesses of the Judiciary that prevent it from effectively dispensing justice. Key amongst these factors that prevented effective delivery of justice was the lack of a proper mechanism to monitor the performance of the Judiciary. On this

basis, a Scorecard was initiated to strengthen the Independence of the Judiciary, It also focuses on advancing issues pertaining to efficiency of the courts and advocates for critical deliverables such as ensuring that the Judiciary enjoys autonomy as prescribed by law and delivers on its constitutional mandate. As a way to improve service delivery, the scorecard also aims at appraising the performance of the judiciary in the delivery of justice. The1st Scorecard report of 2017 was launched by the Rt. Hon. Chief Justice Bart Katureebe on 27th March 2018 at Serena Hotel Kampala and on 15th August 2018, a recognition gala to award certificates to outstanding judicial officers was held at Mestil Hotel Nsambya.

The CEPIL team with the Rt. Hon. Chief Justice, the Principal Judge and the out-standing judicial officers at the award ceremony

Francis GimaraDirector CEPIL

Mr Peter KinobePresident ULS

Chief Justice BartKatureebe

Lady Justice Stella Arach Amoko

The Judiciary is theprotector of our rights.it implements andprotects Justice .

We have a duty to thecitizens. We have anobligation to promoteand protect Justice

To be a Judicial officerrequires sacrifice, patience and perseverance

A judge does not work for recognition, A judge serves the citizens and protects their interests

The cepil team, uls team and students pause for a photo at the uganda law society symposium 19th October, 2018

Launch of the Rule of Law Young Lawyers Champions Initiative at Imperial Royale Hotel in partnership with Uganda Law Society, October 2018

Centre for Public Interest Law (CEPIL) is a non-profit organization promoting justice, equality and dignity for all in Uganda by addressing all forms of injustices and inequalities through legal processes and advocacy.

From September to December 2018, CEPIL carried out research on the performance of the Judiciary for the Year 2018 through the Scorecard Research Initiative.

In October 2018, CEPIL in partnership with the Uganda Law Society launched the Rule of Law Champions Initiative to equip and train young lawyers to be the defenders of the rule of law.

CEPIL participated at the National Land Forum coordinated by LASPNET in November 2018 and offered free legal aid services to the public at the National Theater.

Through research and consultations, CEPIL was able to present a position paper on the Administration of the Judiciary Bill 2018.

Message from the Executive Director

Jacqueline Ayuya Mukasa, Executive Director CEPIL

Highlights of the research on the performance of the Judiciary in 2018 through the Judiciary Scorecard Initiative

Inside this issueInside this issueMaking the Law work for the Public through legislative advocacy

Making land work through sensitization and awareness, Land Rights programme

September – December 2018

Issue 5

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A pro-people Judiciary needs to have the confidence of all stakeholders in the execution of its mandate. It is in this spirit that CEPIL carried out the Judiciary Performance Scorecard Initiative, to review

the performance of the Judiciary and highlight areas for improvement to ensure access to quality and timely judicial services as well as boost public confidence in the judiciary.The initiative was carried out by CEPIL with support from the Open Society Initiative for Eastern Africa. On the 15th August 2018, CEPIL in collaboration with the members of the Coalition in Support of Independence of the Judiciary (CISTIJ) launched a nationwide dissemination of the Judiciary Performance Scorecard Report 2017. In addition, awards were given to outstanding Judicial Officers for their exemplary performance in the dispensation of Justice. The ceremony was presided over by the Honorable Chief Justice Bart Katureebe and attended by select members from the Judiciary and the civil society organizations.Other guests who attended include; The Principal Judge, Justices of the Supreme Court, Court of Appeal, High Court, Magistrates Court and other judicial officers. The report based on a study centered on the performance of the institution of the judiciary from a service delivery perspective.The performance indicators to gauge the level of service delivery in the Judiciary were centered on the following parameters:a) Fairness in the administration of justice. This scored

the greatest impact of justice served to a consumer or user and weighted 30%.

b) Impartiality. This considered non-biased actions or decisions and therefore, strongly supports (a) above and weighted 25%.

c) Professionalism. This scored the desired behavior in the administration and delivery of judicial services and weighted 20%.

d) Certainty. This reinforces confidence to the consumer or user of the justice system that justice will be served as scheduled and weighted 10%.

e) Behavior and attitude weighted 8%.f) Communication weighted 7%.The research employed a combination of techniques: Analysis and evaluation of case management data (court statistics) as per the set target per judge / magistrate vis-a-vis the overall strategic plan; Court

Jacqueline Mukasa- ED CEPIL

user satisfaction surveys involving litigants and legal professionals who regularly participate in court proceedings; institutional stakeholders such as the Ministry of Justice (office of the AG), DPP, RCC, DCC, Private Practitioners, Bailiffs, Police, Prison, office of the IGG, Human Rights organizations Religious & District Leaders, CSOs and Legal aid clinics, Courtroom observations using a structured checklist was administered in all the targeted Courts; One-on-one interviews with judges, magistrates, registrars and court clerks. This was to try and establish a buy-in by these members to overcome imminent resistances to the final outcome of the study, enable the participants to candidly talk about some of the issues that may not be captured using other techniques above thus upholding a balanced assessment of the issues at hand while leveraging their experiences in court, plus their observations and recommendations in line with the objective of this study; and I5 Focus group discussions were convened to identify quality indicators for service delivery.The research was conducted for a period of five months in 10 Courts across Central, Eastern, Northern and Western regions of Uganda. It was a pilot study and it was successfully executed. CEPIL and stakeholders look forward to the next phase of the Scorecard.

Highlights from the CEPIL Judiciary Scorecard Report 2017Highlights of the research on the performance of the Judiciary in 2018 through the Judiciary Scorecard Initiative

In line with our Justice tenet, CEPIL is currently implementing a project in support of the institution of the Judiciary in Uganda. The project aims at

enhancing judicial independence by facilitating processes geared towards promoting effectiveness and accountability of the judiciary.

It is hoped that this project initiative will ensure effectiveness in service delivery and accountability of the institution of the Judiciary to the general citizenry on whose behalf it dispenses justice. Field data collection targeting the Judiciary, key stakeholders and the general citizenry on performance of the institution is an integral part of the scorecard initiative.

The scorecard initiative involves carrying out comprehensive research and analysis into the performance and accountability of the Judiciary and thereafter makes recommendations for improvement. The scorecard is based on synthesis and analysis of data collected to reflect actual/perceived performance of the institution as a whole across the country.

In light of this, research assistants were recruited, trained in data collection processes and there after positioned in Seventeen (17) different High Court Circuits and Magisterial Areas across the country with a view of collecting primary data across a selection of stakeholders involved in the delivery and consumption of justice.

On the 17th of September 2018 CEPIL sent out a call for Research Assistants in Gulu, Arua, Mbale, Mbarara, Fort portal, Masaka, Mukono, Jinja and Kampala.

On the 27th of September 2018, CEPIL trained 34 Research Assistants in an in-depth data collection processes, interview as means of data collection and observation methods for data collection.

For the 2018 Scorecard CEPIL allocated two Research Assistants in each of the respective courts, that is Mukono High Court and Chief Magistrates Court, Arua High Court and Chief Magistrates Court, Gulu High Court and Chief Magistrates Court, Mbarara High Court and Chief Magistrates Court, Fort portal High Court and Chief Magistrates Court, Mbale High Court and Chief Magistrates Court, Jinja High Court and Chief Magistrates Court, the High Court divisions in Kampala (Criminal Division, Land Division, Family Division,), Mengo Magistrates Court, the Supreme Court, Court of Appeal and the Anti-Corruption Court.

The data collection process has revealed that there is need for more judges and infrastructure is still a challenge. This will be captured in the Judiciary Scorecard Report 2018

Diana Angwech, Technical consultant Training Research Assistant on Data Collection Methods

Rogers Twesigye (Research and Data Analyst Training Research Assistants in data collection methods at

Eureka Place Hotel in Ntinda

The scorecard initiative involves

carrying out comprehensive

research and analysis into the

performance and accountability of

the Judiciary and thereafter makes

recommendations for improvement.

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Remarks from the President Uganda Law Society

Remarks from the RT Hon Chief Justice

Mr. Peter Simon Kinobe

Rt. Hon. Bart M. Katureebe

In his remarks, the President of the Uganda Law Society, congratulated CEPIL on behalf of the Coalition in Support of the Independence of the Judiaciary(CISTIJ) for the Scorecard initiative. He stated that this exercise will enable the building of

a more accountable Judiaciary. He also noted that, scoring the Performance of Judicial officers is one of the most difficult assessments one can make. Not everyone understands the complexity of the work that judges do. It requires focus, commitment and sacrifice most especially with the current circumstances they work in.He further stressed the fact that a judge plays a very pivotal role in the enforcement of justice in Uganda. There are not only the third arm of government but protectors of the Constitution of the Republic of Uganda and they must be supported in all possible ways.

The Chief Justice welcomed the initiative by CEPIL and noted that It was rare to do

work in the Judiciary and be appreciated.

He noted that most times, Judicial officers are condemned in the execution of their duties. The public usually perceives them as corrupt and puppets to those who are rich, influential and also to the establishment in authority

He further emphasised that he was proud to lead a group of men and women who are committed to serving their fellow

countrymen and giving them justice. He called upon the economic planners of Uganda to plan sufficiently for the Judiciary so as to enable them to extend Justice to all citizens. A lot of processes in the administration of justice are hampered by lack of funding. However, despite the inadequacy of funding and the poor pay, he urged judges to adhere to their professional standards and vision.

He ended by encouraging CEPIL to continue with the Scorecard and to include other areas.

“There is a need for perseverance amongst the judges. Being posted to a remote area can be very frustrating but we have a duty to the citizens of our nation to serve by enforcing the law and implementing justice”

Making the Law work for the Public through legislative advocacy

Following the State of Judiciary Report 2016 and the Judiciary Scorecard Report 2017 on the 27th of September 2018, CEPIL together with the Coalition

in Support of the Independence of the Judiciary (CISTIJ) appeared before the Legal and Parliamentary Affairs Committee to present a position on the Administration of the Judiciary Bill 2018.

This was one of the recommendations made in the reports to streamline the administration of the Judiciary and improve the administration of Justice in Uganda. The Bill seeks to operationalize Chapter 8 of the Constitution. In particular, it seeks to enforce and emphasize the independence of the Judiciary which can only be achieved though the following means:

• By comprehensively providing for the functioning, institutional operation and administrative independence of the Judiciary, as well as the retirement benefits of judicial officers.

• By requiring all organs of the state to accord the Judiciary the necessary assistance required to ensure the effectiveness of the Courts.

• By emphasizing that Judicial officers are not subject to actions or suits in relation to the exercise of their Judicial power.

• The administration expenses of the Judiciary including salaries allowances gratuities and pensions shall be charged directly on the consolidated fund. In addition, the bill seeks to make the budget of the Judiciary independent from that of the Ministry of the Justice and Constitutional Affairs.

By emphasizing that the Judiciary is to be self-accounting and may deal with the Ministry responsible for Finance in relation to its funds

In addition, CEPIL has covered five Parliament Committee meetings. This is in order to better understand how CEPIL can ensure that the interest of the public is well represented. In the course of the meetings, CEPIL provides live online tweets of what is going on in Parliament to the online users and the public in general.

Dr livingstone sewanyana, eD FHRi addressing the

press on the importance of the Administration of the

Judiciary Bill 2018 after the cisTiJ appearance before the Committee on Legal

and Parliamentary Affairs

Ms. Sylvia Namubiru Mukasa (Executive Director LASPNET) with a Hon member of the Committee on

Legal and Parliamentary affairs at the presentation of the CISTIJ Position on the Administration of the Judiciary

Bill on the 27th of september 2018

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Outstanding Judicial Officers

Justice Remy Kasule receiving his Award

Justice Paul Gadenya receiving an Award on behalf of Her Worship Everest Faith Palodi

Justice Stephen Mubiru receiving his Award

Hon. Lady Justice Jane Frances Abodo receiving an award of excellence on behalf of the criminal division

On the 15th of August 2018, CEPIL in conjunction with CISTIJ, recognised these Judicial officers for their distinguished service in administration of justice basing

on the Scorecard:

1. Hon. Lady Justice Stella Arach Amoko of the Supreme Court, ranked highest as an exceptional performer with 97.1%.

Hon. Lady Justice Stella Arach Amoko receiving her award.

2. Hon. Justice Remmy Kasule was also recognised as the best performing Justice of the Court of Appeal 2017. He scored 79.7%

3. Hon. Justice Stephen Mubiru was recognised as the best performing Justice of the High Court 2017. He scored 96.3%

5. The Criminal Division was recognised as the Best Performing Division of the High Court 2017, with 91.4%.

4. Her Worship Everest Faith Palodi was recognised as the best performing Magistrate of 2017. She scored 89.8%

Media guidelines, a way forward for Media Freedoms in Uganda.

Currently, the guidelines have been drafted and submitted to the security agencies for their engagement.

We believe that involving the police in the implementation of these guidelines will aid as a tool to hold security agencies accountable. As we wait on the Police, CEPIL plans to hold a training for Journalists in order to equip them with safety measures and protocol when covering demonstrations and how to partner with police on such matters so as to guarantee the safety of Journalist as well.

Following the growing concern in Uganda that Journalists and other media actors are increasingly being harassed, intimidated, deprived of their

liberty , physically attacked and even killed because of their investigative, work, opinions or reporting especially during demonstrations or protests by security agencies; CEPIL together with the Uganda Journalist Union and the East African Media Institute-Uganda Chapter engaged the spokesperson of the Uganda Police Force, SSP Emilian Kayima on possible collaboration between the two entities including a discussion on a number of guidelines for security agencies and Journalist when covering demonstrations.

Investing in young people to be champions, leaders and defenders of the Rule of Law, Youth and the Law

in September 2018, CEPIL in partnership with the Uganda Law society launched the Rule of Law Young Lawyers Champions Initiative at the Rule of Law Young Lawyers Symposium. The Initiative seeks to train and equip young lawyers with the leadership skills and knowledge in the Rule the of Law. CEPIL together with the Uganda Law Society

is developing a leadership training curriculum and mentorship coaching to equip young lawyers with leadership skills and train them to be Champions in the Rule of Law

Ms. Jacqueline Ayuya Mukasa at the Rule of law symposium and launch of the Rule

of Law Champions Initiative

CEPIL Research Assistants carrying out Research on the Performance of the Judiciary for the year 2018

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Outstanding Judicial Officers

Justice Remy Kasule receiving his Award

Justice Paul Gadenya receiving an Award on behalf of Her Worship Everest Faith Palodi

Justice Stephen Mubiru receiving his Award

Hon. Lady Justice Jane Frances Abodo receiving an award of excellence on behalf of the criminal division

On the 15th of August 2018, CEPIL in conjunction with CISTIJ, recognised these Judicial officers for their distinguished service in administration of justice basing

on the Scorecard:

1. Hon. Lady Justice Stella Arach Amoko of the Supreme Court, ranked highest as an exceptional performer with 97.1%.

Hon. Lady Justice Stella Arach Amoko receiving her award.

2. Hon. Justice Remmy Kasule was also recognised as the best performing Justice of the Court of Appeal 2017. He scored 79.7%

3. Hon. Justice Stephen Mubiru was recognised as the best performing Justice of the High Court 2017. He scored 96.3%

5. The Criminal Division was recognised as the Best Performing Division of the High Court 2017, with 91.4%.

4. Her Worship Everest Faith Palodi was recognised as the best performing Magistrate of 2017. She scored 89.8%

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The Judiciary Scorecard 2017 in the press

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Making land work through sensitization and awareness, Land Rights programme

in November 2018 EPIL took part in the Land Rights Forum organized and coordinated by Landnet Uganda. The forum brought together legal professionals

experienced in land rights to offer free legal aid service to the public. Legal practitioners were readily available to all the people that were in attendance during the event. They were addressing all issues related to land. This included guidance on how to process the letters of administration and probate, how to deal with the property of a deceased person, procedure of acquiring land titles and how to detect the validity of a land title.

The forum also provided an opportunity for the Ministry of Lands to help the people who wished to check the proprietorship of the lands they occupied or wished to purchase some land. They had the computerized system on the ground and all people were assisted accordingly.

The Forum was crowned with a Bar and Bench Dialogue which brought together the Ministry of Lands, Justice Kateiremu, a Judicial officer from the High Court of Uganda and Head of the Land Division, SSP Emilian Kayima the Spokes Person of the Uganda Police Force, Dr Zahara Nampewo lecturer of law at Makerere University, Godfrey Lena from the Traditional Management Systems and Mr. Simon Peter Kinobe the President of Uganda Law Society. The theme of the dialogue was “Sustainable Approaches to Addressing Land Injustices in Uganda”. In the dialogue, it was observed that the following approaches are key solving land injustice in Uganda:

1. Alternative dispute resolution to facilitate quick administration of Justice. This will reduce the number of cases on land matters filled in the Courts of Law. However, there is need for mass sensitization on-land rights. The public most especially persons in rural areas need to be educated on their rights to land ownership and laws governing land ownership.

2. The Lands Information Systems need to be updated and this system needs to be availed to lawyers so to avoid double applications. This will also solve the problem of issuance of fake land tittles which is causing most of the land conflicts and wrangles in Uganda today.

3. The communication between the police and the Courts of Law needs to be streamlined in order for quick remedy to be delivered in cases where land laws are breached.

4. The Ministry of Lands needs to strengthen its Land litigation department. This will stream line the legal technicalities encountered by lawyers and land owners and speed up Justice on matters relating to Land.

5. The traditional Land System needs to be streamlined in relation to the current laws governing land ownership though dialogue and Meetings.

Justice Kateirima Head Land Division of the High Court at the Bar and Bench Forum and Sheraton Kampala

Hotel on the 13th of November 2018

Mr Francis Gimara Moderating the Bar and Bench Forum at Sheraton Kampala Hotel

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Mr. Francis Gimara welcoming the Chief Justice Participants interracting after the Award Ceremony

Guests at the cocktail

Mr. Francis Gimara accompanying the Hon Chief Justice to the Dinner

The Principal Judge Hon. Yorokamu Bamwine congratulating the best performing Judges at the event

Some of the best performing Judges with other participants at the ceremony

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The Judiciary Scorecard Award Ceremony in pictures

Cepil in Pictures

Nakonde Josephine, cepil Research Assistant interviewing the Magistrate Grade 1 in Jinja on the Performance of the

Judiciary in Jinja

Hamza Ssekamate Interviewing a litigant on the Performance of the Mengo Chief Magistrate Court

Samuel Wanigina, and Nadejja Halima interviewing the Grade one Magistrate in Mbale

Amito Fosca interviewing a legal professional on the performance of the Judiciary in Arua District

Annet Namugosa, Legal Officer CEPIL offering free legal aid to the public

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Mr. Francis Gimara welcoming the Chief Justice Participants interracting after the Award Ceremony

Guests at the cocktail

Mr. Francis Gimara accompanying the Hon Chief Justice to the Dinner

The Principal Judge Hon. Yorokamu Bamwine congratulating the best performing Judges at the event

Some of the best performing Judges with other participants at the ceremony

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The Judiciary Scorecard Award Ceremony in pictures

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