How police are frustrating local council courts

“Two police officers, Charles Jingo and Gideon Mirindi from Kabatema Police Post came to my home and directed me to withdraw the case which I objected. I was later informed by a member of the local council court that the hearing would not take off because it involves a high profile security officer as advised by police,” Mr Sebagabo he says.

Mr Sebagabo is now considering filing another case at Lyantonde Magistrate’s Court, but he has no money to facilitate the court process.

“I need Shs100,000 to file a case but l lack money for transport to Lyantonde Town, the little money I had was spent on evaluation of damages by the agriculture officer,” he says.

Mr Gideon Mirindi, the officer in charge of Kabatema Police Post denies allegations that he and his colleague bungled Mr Sebagabo’s case, but admits that he advised him to formally report it.

“I have served in Uganda Police for 29 years and I know what I am doing. I can’t infringe on people’s rights. I only advised him (Mr Sebagabo) to report the case formally,” Mr Mirindi says.

Mr Sebagabo’s case might look unique but he is not alone. Many other residents in the district have failed to get justice as a result of unnecessary police interference in their cases.

Mr Eriya Kyolaba, a resident of Katagengera Village, Kasambya Parish in Lyantonde District says he was arrested by police for not following ‘normal procedures’ when cattle belonging to one Fred Mamuuna destroyed his banana and maize plantations.

Police accused
“The matter was before Kinoni C local council court in Kabatema Parish Kaliiro Sub-county, but police came during its sitting on November 3, 2016 and arrested me for not following the right procedures. I was detained but no charges were preferred against me,” Mr Kyolaba says.
He believes police did this to intimidate and deny him justice.

“I went ahead and sought justice at the magistrate’s court in vain. I have since sold off my12-acre piece of land to one Ben Kavuya because I would not risk making loses on every project I put on the land,” Mr Kyolaba adds.

Mr Godfrey Ntambi, the chairperson Kinoni C Village says police are free to offer guidance to LC courts where necessary but should not sabotage their work.
Mr Charles Sewanyana, a councillor representing Kiyinda Parish at Kaliiro Sub-county says LC courts are vital in dispute resolution and any interference is likely to affect their normal operations.

“Local council courts are vital, the members know us better than police, let them (police) be left to handle cases under their mandate,’’ Mr Sewanyana says.
Mr Ephraim Safari, a resident of Kalagala Village in Kasagama Sub-county claims police officers fired seven bullets at his home, trying to intimidate him to vacate his 175 acres of land that he acquired from his late father Erick Rwarika.

“I won all cases filed against me at both the local council court and magistrate’s court but police ignored all this and ordered me to vacate the land,” Mr Safari says.
Mr John Matovu, the chairperson Lyantonde Rural Sub-county court says due to increased police interference, they are currently stuck with a backlog of 48 cases which date back to three years.

“We have really taken three years without handling any case because police interfere in our work. We have well stipulated roles under the law, completely different from theirs but we really don’t know why some police officers continue to meddle in cases being handled by our courts,” he says.

Mr Joseph Juuko, the Lyantonde District vice chairperson concurs with other local leaders that police in the area have failed the smooth operation of LC courts, but advised court members to stick to their principles in order to deliver justice.

“What is funny is that police accepts to record cases that would be handled by LCCs, maybe they don’t trust them. I appeal to court members to be independent and exhibit high level of integrity to foster their effectiveness,” Mr Juuko says.

Eligibility
For a person to qualify to be a member of a LC court, he must be fluent in the local language spoken in the area and able to read and write English.

A filing fee of between Shs25,000 and Shs50,000 is charged for a case at LC3 courts in Lyantonde District and cases usually handled by these courts normally become many during harvesting seasons. Between two to five cases are reported weekly, according to Mr Deus Tumwebaze, the chairperson Mpumudde Sub-county LC courts.

The common cases brought before LC courts, according to Mr Tumwebaze include; domestic violence, failure to pay debts and assault.
“We receive more cases during harvesting season,” Mr Tumwebaze says.

Mr Fred Sentale, a senior trainer at International Law Institute says Police have to cooperate with members on the LCCs to allow quick dispensation of justice rather than frustrating the process.

“Police officers should know where to start and where to end. LCCs operate within the law and are independent,” Mr Sentale says.
Recently, Mr Tadeo Muinda, the Lyantonde Grade One Magistrate blamed police for the increased backlog at the court saying they bring minor cases that could be handled by LCCs.
“Certain cases can be handled by LCCs. Police are not there to bring every case to court, learn to advise people to try the village courts near them,” Mr Muinda says.
Many of the studies conducted on LCCs revealed that these courts are more trusted by local population, since they are heavily inclined towards reconciliation and dispute resolution.
Despite LC courts being established under Local Council Court Act 2006, which regulate their jurisdiction and mode of operation, their roles are widely considered illegal in handling cases since some of its members are not democratically elected because government has also failed over the years to conduct elections of LC1 and LC2s since 2001, citing inadequate funds.

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