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Ugandan judiciary urged to address delayed prosecution
Leader of the National Economic Empowerment Dialogue (NEED), Joseph Kabuleta.
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Speaking to this publication, Mr Kabuleta highlighted the delays in his own case, in which he was charged with promoting sectarianism, a crime he allegedly committed on May 30, 2020
Joseph Kabuleta, President of the National Economic Transformation Dialogue (NEED), has called on the judiciary to find solutions to the persistent delays in hearing and prosecution of cases.
He emphasized that the current system significantly affects defendants, who often spend extensive time attending court sessions without any progress in their cases.
Speaking to this publication, Mr Kabuleta highlighted the delays in his own case, in which he was charged with promoting sectarianism, a crime he allegedly committed on May 30, 2020. Despite being arrested on November 28, 2022, and brought to court on November 30, 2022, the case has yet to be resolved.
"I was arrested on November 28, 2022, brought to court on November 30, 2022, and granted bail on December 4, 2023. Since then, the case has been pending, and I have been appearing in court very frequently," he said.
Although bail conditions prevent him from commenting directly on the case, Mr Kabuleta urged the government and the judiciary to deliver a final judgment on September 4. He expressed frustration over the time and resources wasted due to the prolonged prosecution.
NEED spokesperson Moses Matovu echoed these concerns, expressing dissatisfaction with both the manner of Kabuleta's arrest and the delayed judgment. "We have been to Nakawa Court more than five times, and every time the case is adjourned because there are no witnesses," he said.
Matovu further criticized the judicial process, arguing that those who speak out against the government's wrongdoings are often targeted and subjected to prolonged legal battles. "We have a problem in this country; those who criticize the government's actions are the ones most often silenced, either by prolonged court cases or other means," he added.
Semujju Nganda, a politician, and journalist, shared a similar experience. He recounted how he was charged with promoting sectarianism in 2005 while working for The Observer. Despite being granted bail, the case dragged on for three years without a final judgment. "They made us go to Buganda Road Court for three years, but after that, I stopped going, and the case was never followed up. Most of these cases are politically motivated; the aim is not to prosecute but to punish you by making you repeatedly appear in court and to intimidate others," Semujju said.
He urged the judiciary to establish clear guidelines for handling such cases, similar to the requirements for granting bail, to prevent unnecessary and prolonged legal processes.
Jacquelyn Okui, the Public Relations Officer for the Office of the Director of Public Prosecutions, explained that investigations into Kabuleta's case are ongoing, and involve complex cyber investigations. "The matter was initially set for mention. When the investigations were finally completed, the trial magistrate was on maternity leave. However, all parties are now ready for the trial, which is set to commence on September 4," Ms. Okui said.
His Worship James Ereemye, the Public Relations Officer for the judiciary, acknowledged the backlog of cases but disagreed with Semujju's assertion that some cases are politically motivated. "We have a principle of 'fast in, fast out' that is applied to all cases to ensure that the oldest cases are resolved first. There is nothing political about it," Ereemye stated.
