Parliament approves High Court structure of 82 judges

Judges during a court proceeding recently. FILE PHOTO

What you need to know:

  • According to the 2015 Judiciary file census, the case backlog was standing at 37,827, which was an alarming figure.
  • The increase of the judges’ number comes on the heels of chorus demands by respective stake holders to do so.

KAMPALA. Parliament has finally passed a resolution to increase the number of High Court judges from the current structure of 49 to 82 after it was found that the number was too small to to tackle the ever rising case backlog.
The resolution to increase the number of High Court judges was reached at by Parliament on March 28 this year.
“Therefore, it’s resolved by Parliament that in accordance with Section 13 (b) of the Judicature Act, Cap 13, Parliament increases the number of judges of the High Court from 49 to 82, the Principal Judge inclusive,” read in part the resolution of Parliament signed by Ms Jane Kibirige, the Clerk to Parliament.
“I certify that the above resolution was passed by Parliament on Wednesday March 28, 2018,” the Parliament’s resolution letter further read.

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The increase of the judges’ number comes on the heels of chorus demands by respective stake holders to do so.
In an interview with Justice Benjamin Kabiito, the chairperson of the Judicial Service Commission earlier this year, he explained that even if the optimum number of 82 judges was approved, still the judges will fewer as compared to the citizen population.

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The Deputy Speaker of Parliament, Mr Jacob Oulanyah, said the Minister of Justice and Constitutional Affairs, Maj Gen Kahinda Otafiire, would present a motion in relation to the number of judges

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When asked about the ideal number for High Court judges, Justice Kabiito said at least 150 would do. He added that for the Supreme Court, 20 justices would suffice and 30 for the Court of Appeal if the current case backlog is to be tackled.

According to the 2015 Judiciary file census, the case backlog was standing at 37,827, which was an alarming figure.
“Although the Ugandan population has grown to about 41 million people, there is a severe staffing deficit of judicial officers, which deficit is impacting on the service delivery. Because of the gaps, some magistrates cover more than one region,” Justice Kabiito said in an interview earlier this year.

“Our prayer is the Judiciary Administration Bill be enacted so that the Judiciary can become self-accounting. I propose that about 150 judges of the High Court would be sufficient since this court has the original jurisdiction,” he added
A case to qualify to fall under the backlog, it must have stayed in the system for more than two years without being concluded.