KAMPALA– Judicial officers in Uganda have been asked prioritize protection of Human rights and promotion of rule of law as the Late Benedicto Kiwanuka did throughout the years he served as the country’s first black Chief Justice.
At the Seventh Benedicto Kiwanuka Memorial Lecture held at Judiciary headquarters in Kampala, Dr. Zahara Nampewo Deputy Principal Makerere School of law , in her key note address advised judicial officers wherever they are in line of duty to ask themselves whether their conduct is in line with Benedicto Kiwanuka’s aspirations and legacy.
“Chief Justice Ben Kiwanuka died because he rose up for the matter concerning human rights whereby he took over a case concerning detention of a civilian by the Military. He issued a habeas corpus , warned the military against interfering with the powers of the Judiciary and thus ordered for the release of the civilian.”
That this decision was accompanied by numerous phone calls marreed with anger from President Idi Amin (then)
Who ordered for the kidnap and murder of Ben Kiwanuka.
Dr. Nampewo emphasized it that although the Judiciary has registered several achievements interms of performance and in other sector, there is a lot that requires to be improved upon I order to increase on public trust.
“My Lord Chief Justice, the question before us this morning is whether we are serving the people. Because
The world we live in is a “law thick” world. This means that all aspects of life are impacted by law, are we
Putting our clients first? And as we reflect upon, and remember the life and service of Chief Justice
Benedicto Kiwanuka who used his legal training to defend the victims of injustice as a notable criminal
Defence lawyer we need to examine what the people’s justice needs are today. What do people need and what do people want when they seek justice from us? Are we solving their justice problems as we should, and what are the obstacles that they face? “
She also pointed out several challenges still faced by the Judiciary like delays in constitutional cases particularly, lack of transparency in the case scheduling and failure by some judicial officers to respect the sixty day rule which requires them to deliver their decisions for the matters before them within that period.
“Then there is the matter of judicial protection of rights, many of which are constitutionally guaranteed. Wangari Maathai the Kenyan Nobel prize winner cautioned us that ‘human rights are not things that are put on the table for people to enjoy. These are things you fight for and then you protect.’ Notable today in Uganda, are the problematic approaches to bail and the weaponisation of bail as evidenced in the Parliamentary anticorruption marches by sections of the population where bail was not always granted in
Clear-cut deserving cases.”
In his speech, Chief Justice Alfonse Owiny Dollo extended his commitment to work with other two arms of government to ensure that there is proper rule of law and observance of human rights in the country.
“Many people wherever they see the Chief Justice with the Speaker of Parliament or in company of the President, they say that the Judiciary has been compromised. Let me ask you , how will I be able to tell the President why certain things are happening since I can’t do them through holding press conferences.”
Dollo revealed that he has a privilege to call the president wherever there is a need and he has done it on several occasions, but he doesn’t need to come out publicly and tell the public because its not necessary.
“The three arms of government are not enemies, they compliment one another, they are like tripods, they don’t touch one another but compliment one another.”
He also pointed out that through his guidance , he has played a crucial role in promoting rule of law in this country although this cannot be easily recognized by many since its not done publicly.
“The Judiciary Transformation Agenda we are pursuing focuses on fighting case backlog and enhancing access to justice services across Uganda. We are therefore making every effort to bring Court services close to our people so that access to Court is accorded equal importance with access to safe water. We are pushing to have both physical and functional access to justice a reality in our lives. We are striving to build more Courthouses, employ more personnel, and provide modern tools of work in these Courts.”
“The life experience of Benedicto Kiwanuka is an inspiration for us to place the people’s aspiration and interests at the center of our pursuit of the constitutional mandate bestowed on us. In this regard, I wish to hail Dr. Zahara Nampewo, the Keynote Speaker for the year 2024, for delivering a remarkable message on the meaning and import of a “people centered justice.” Dollo further added
President Yoweri Kaguta Museveni in his message delivered by Rt. Hon Annet Anita Among the Speaker of Parliament , Museveni noted that such occasions give people an opportunity to reflect back on the country’s history marred by extra judicial killings which was later brought to an end by the NRM government.
“The greatest evil most economies have now, especially in Africa is corruption which was and is still one the challenges. Socio-economic transformation and prosperity can only be enabled in a corruption free environment. The call for elimination of corruption is worthy because corruption has caused nations to lag behind on many fronts. Corruption cripples nations though loss of large sums of money, inefficiencies in duties, undermines the rule of law.”
The Speaker of Parliament promised to work with other stakeholders in ensuring that with in a few years to come, Judiciary’s budget is enhanced to the reasonable figures.
At this event held under a theme: “Promoting a people centered Approach to justice.” , Justice Seith Manyindo a retired Deputy Chief Justice and Justice James Ogoola retired Principal Judge were awarded in recognition of their distinguished services to the Judiciary.
Benedicto Kagimu Kiwanuka was the first black Chief Justice of Uganda from June 27, 1971, until September 21, 1962.
He was abducted from his office at High Court in Kampala on September 21, 1972 and ever since then his body has never been recovered up to date.
