By Ben Musanje
A constitutional and institutional standoff has continued to emerge within Uganda’s justice system after the Uganda Law Society (ULS) accused senior judicial and police officials of obstructing its access to a High Court criminal session at Ggaba, escalating a dispute now before the Inspectorate of Courts.
At the centre of the controversy is Criminal Session Case No. 132 of 2026: ‘Uganda v Christopher Okello Onyum’, alongside Human Rights Enforcement Application No. 170 of 2026 filed by ULS against the Attorney General over alleged violations arising from the same proceedings conducted at the Ggaba Community Church Grounds mobile High Court session.
In a strongly worded communication dated 24 April 2026, ULS Vice President Anthony Asiimwe rejected guidance from the Inspectorate of Courts issued by Chief Inspector of Courts Hon. Justice Stephen Musota, JSC. Justice Musota had earlier advised that the matter be handled by the Civil Division, under Head of Division Hon. Justice Joyce Kavuma.
Musota’s position, communicated under reference THE IOC/HC/CIVIL/01/26, stated that “enforcement of rights squarely falls under the jurisdiction of the Civil Division,” a view ULS has described as legally erroneous and inconsistent with the Human Rights (Enforcement) Act, Cap 12.
ULS argues that Sections 6(1), 8(1), and 11(2) of the Act, read together with Article 50(1) of the Constitution, vest jurisdiction in any competent High Court division, including the Criminal Division seized of the substantive matter. The Society further maintains that restricting such applications to the Civil Division would unlawfully narrow constitutional protections.
The Society cited established practice across the judiciary, noting that the Criminal Division, the Anti-Corruption Division, and the International Crimes Division have all previously heard human rights enforcement applications arising from their own proceedings. It referenced cases including Mary Gorretti Kitutu v Attorney General & Another (Criminal Misc. Application No. 2 of 2024), handled by Justice Jane Okuo Kajuga, as well as multiple rulings from the International Crimes Division involving Rahma Namuganza, Aisha Nakamatte, and Abdul Rahman Kabwiso.
ULS also relied on the Court of Appeal decision in Paul Wanyoto v Sergeant Oumo & Attorney General (Civil Appeal No. 91 of 2021), which held that such applications are not exclusive to the Civil Division and may be heard by the court already seized of the main proceedings.
Tensions escalated following allegations that on 15 April 2026, ULS representatives were blocked from accessing the presiding judge at the Ggaba mobile court session. Chief Executive Officer Christine Awori alleged that the Police Director of Criminal Investigations, AIGP Tom Magambo, together with Deputy Registrar of the High Court Criminal Division HW Samuel Twakirye, barred access, revoked entry arrangements, and had representatives escorted away under police guard, with threats of arrest if they persisted.
ULS termed the incident “unmitigated judicial misconduct and executive interference,” warning it undermines judicial independence and the right to fair hearing.
In response, Justice Musota maintained that the Civil Division remains best placed to handle the enforcement application, reinforcing the Inspectorate’s position.
ULS, however, has formally rejected any administrative transfer of the matter, insisting the Criminal Division is the competent forum since the alleged violations arise directly from proceedings before it.
The Society has urged the Inspectorate of Courts, the Principal Judge, and other judicial leadership to uphold constitutional provisions and avoid what it calls “forum shopping by administrative directive.”
As both sides dig in, the dispute has exposed a rare and significant procedural clash within Uganda’s judiciary—one that now tests the boundaries between judicial divisions, constitutional enforcement powers, and institutional independence. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
