Home Biography Work Experience Conferences and Travel Family My Judgments and Rulings Presentations Press Clipboard The Jovan and Mary Kiryabwire Foundation

2007 Press Clipboard

Judges attack Parliament - 2007-08-17
Judges attack Parliament SOLOMON MUYITA KAMPALA JUDGES yesterday said they are underperforming largely because Parliament and the executive are frustrating them. More than 50 judicial officers told the African Peer Review Mechanism (APRM) Commission in Kampala yesterday that much as they are under fire for alleged non performance, they are not to blame. They said Parliament and the executive are responsible for their poor remuneration, insufficient human resource and delays in appointment of judicial officers - the last two being the leading contributors to the huge back-log of cases.

They also blamed Parliament for making vague and insensitive laws. DONíT BLAME US: Justices Mwangushya (L) and Kiryabwire during the meeting yesterday. Photo by Stephen Wandera "Seventy per cent of the causes of case back-log in the Judiciary lie in the Executive and Parliament," Justice David Wangutusi, who heads the Judicial Training Institute, said. "The systems in place and some laws do not help, but only build more cases in the court system, yet the Judiciary has no control over some of the things." He cited the law on defilement, the most common crime, which requires the offence to be handled by the High Court, but that nothing is being done to increase the number of judges. "Defilement is a simple case but because of the law, it is the greatest contributor to case backlog and contributes two-thirds to the congestion in prisons," said Justice Wangutusi. But Parliament Speaker Edward Ssekandi defended his institution. "It seems those people don't know how laws are made. The process is initiated by the executive and before that happens, there is nothing much we can do," he said. Justice Ministers Khiddu Makubuya and Freddie Ruhindi neither answered their phone calls nor returned calls to Daily Monitor for comment.

The APRM Uganda chairperson, Mr Elisha Semakula, said the commission is compiling a report on Uganda to be reviewed in January 2008 at the African Summit. A team of judges, registrars and magistrates, led by Chief Justice Benjamin Odoki and his deputy Laetitia Kikonyogo, accused their sister arms of government of interfering with their independence. The APRM heard that the existing Judicial officers have capacity to handle 9,000 cases a year, but that there are over 18,000 people awaiting justice in prisons alone. High Court Land Registrar Masalu Musene cited contradictions in the land law that have existed for years and questioned why it has taken Parliament so long to resolve the issue. "Land is a hallmark - it is the basis of survival for the people. But right now, we are at cross-roads. There is a crisis and we don't know what Parliament is doing," he said. High Court Judge Eldad Mwangushya cited examples of laws on succession and divorce that were nullified by the Constitutional court months back, but that Parliament is yet to debate new laws. He said there is no law on guardianship in the country. "Parliament is sleeping. Let Parliament wake up, otherwise, the judges have a big problem," he said. Justice Odoki advised Parliament to seek technical advice while making laws to avoid the common problems it faces. "Parliament's competence is in question, but let them not feel shy about it. Let them use consultants and experts," he said while Supreme Court Justice John Wilson Tsekooko said the government has done little in terms of strengthening the professional staff in the Judiciary. "You cannot promote rule of law when you have insufficient manpower," he said. "This is a real crisis. I don't know how we (judges) are expected to dispense justice without the appointment of the personnel - we cannot understand what the appointing authority is doing." He gave an example of the Supreme Court where a judge died and another retired, but that it has taken President Yoweri Museveni over one year to appoint replacements. "We have a number of sensitive constitutional appeals pending resolution, like the petition on the sentencing of capital offenders. The trial judges are in a quagmire, they don't know what to do but we equally can't do much until the judges' replacements are made so that the court can hear the appeals.Ē Justice Kikonyogo said she was opposed to plans to create a special court on corruption. "It means we shall be corrupt forever. Why don't we facilitate the ordinary courts to do that work?" she said. She, however, noted that interference in Judiciary work is limited.

"On the whole, we are not influenced like people think. We are independent, just that there are issues of poor remuneration and things of the sort." Commercial Court Judge Geoffrey Kiryabwire said there is need for reform. "There is need to reform the system to promote Alternative Dispute Resolution, reconciliation and mediation which bring about a win-win situation. It is already working out in the commercial cases where we are encouraging people to talk more before suing," he said. The meeting heard that there are plans to increase access to justice through the introduction of Small-Claim's Court, where one will be able to sue even without assistance of a lawyer. "There are cases like rent claims where someone is demanding about Shs2.4 million. In such cases, people should be able to get judgement in 45 minutes and this will ensure good use of their time," Mr Kiryabwire said.


The Bagwere are a Bantu ethnic group in Uganda and constitute some 4% of the population. Around 500,000 Bagwere live in eastern Uganda and exist on subsistence farming. The Bagwere speak the Lugwere language.

They live in the Eastern part of Uganda mostly in Pallisa district, where they are over 80% of the population. They have the Bagisu, the Basoga, the Balamogi and the Itesot and also the Banyole and the Jopadhola (Badama) as their neighbhours

Mbale city, one time reputed to be the cleanest city in Uganda is home to some Bagwere, and have the following towns; Pallisa, Budaka, Kibuku, Kagumu, Kamonkoli, Kadama, Iki-Iki, Bulangira, Kaderuna, Tirinyi,Butebo,Kakoro. Luggwere is also one of the main dialects to be found in Pallisa town. The bagwere have many clans the leading ones being the; Balalaka, Balalaka Bakomba, Bakomolo, balangira, Baganza, badaka, baumo, Banaminto, Bapalama, Banyekero,Batoloyi. Their traditional music is called Tongoli, a five stringed hand held instrument, modeled along a one string instrument elsewhere in Africa known as the Kora, The Bagwere are also identified with Namadu, a set of seven drums as one of the famous traditional musical instruments. They are said to have emigrated to their present area from Bunyoro and Toro, and travelled along lake kyoga crossing river mpologoma. For this reason all tribes settled along the Kyoga like; Baluli, Bakenye, Balamogi have a similar language to Lugwere. Their initial area of settlement has shrunk considerably as the Teso and Bagishu pushed their frontiers inwardly.

The Bagwere are very proud of their heritage especially as they are few in number but are very well educated. 47 of them hold either PHD or masters degrees from world class reputable universities. Their most prominent son is the late Balaki Kebba Kirya one of the founding members of independent Uganda who died in 1994. Some notable Bagwere personalities over the years are; Gwanyi, Yoswa Kirya, Kabazi, Kageni, Prof Kiryabwire Africa's first black neuro-surgeon; Colonel Paul Babula an Israeli trained Mig Fighter Pilot. He was also presidential pilot for Amin, Binaisa, Obote II, Okello and Museveni; Ambassador Edward .M.K. Wakida once Vice President of ICAO in Canada; Engineer Johnathan Mwedde Chief Engineer Uganda; Professor George Kirya Vice Chancellor Makerere university and High Commissioner UK; Eng Kabanda a principal private secretary to the President of Uganda; Justice Geoffrey Kiryabwire the youngest judge of the High Court; Ambassador Dr. Tomasi Sisye Kiryapawo (UK)and Electoral Commission; Professor Ruth Mukama, Ambassadors Mr and Mrs Taliwaku; William Mukama The reknown teacher and politician, Professor Phillip Wabulya; Juliet Rainer Kafire Vice President Democratic Party and a remarkable woman said to have built many Schools in Uganda, Bishop Emeritus Alpakusad Gonahasa Assistant Arch-Bishop of Uganda, Hon Jennifer Namuyangu a State Minister for trade and industry, Dr. Laban Kirya a district chairman, Kalebbo Principal of Uganda Management Institute, Dr. Allan Kwabe a computer engineer in UK, Edmund Wakida an Attorney, Dr. Talisuna of Ministry of Health, Mr. Swaya of Min. of Finance, Bob Wasugirya, Dr. Mutono of the Lodoi Foundation, Dr. Anthony Kebba a renowned AIDS vaccine researcher for WHO, .Sam Lyomoki the Workers represetative in Parliament,Eng Wilson Mulebeke one of the few meterlogical engineers in Uganda, Prof. ABCD kweri, Dr. Twatatwa, Dr. Basima Mpandey, DVC kyambogo University and brother to Prof.ABCD kweri,Prof Yooswa Dambisya of Limpompo University, Dr. Dan Wagaine.

Dr. Kawuuta, a comissioner in Min of Agric,Dr.Wilson.K.Kasolo a Board member of the National Forestry Authority, and the Principal of Nyabyeya Forestry College, Dr. Kinani a Permanent Secretary MOH, Professor Vinand Nantulya of Switzerland, Mr. Mulekwa Eriakimu Namooni the up coming area politician and Director Youth Awaken Organisation, Michael Daka an Infrastructure Consulting Engineer and a Member Daily Monitor Panel of Experts, Francis.W.Balya, Computer Systems' Expert and son to the late Edward .M.K. Wakida, Bob Mubaala their paramount cultural leader, referred to as Ikumbania, Nathan Namooni the clan head balalaka abakomba, and all clan leader.



Copyright © 2010 Geoffrey Kiryabwire                           Powered by Pixel Magic Ltd.