By Mulengera Reporters
The experience of Justice Remy Kasule, who in Mbale last year okayed the scrapping of age limits in the Constitution, shows it pays handsomely to be well-possessed with rare intellect, expertise and capabilities in a scarcely talented or gifted society like ours. Mulengera News can authoritatively report that the man from Mawokota in Mpigi who, months ago had eased out of the Court of Appeal on the account of age having clocked 70, has since been recalled to rejoin the bench for another two-year contract.
Other justices like Benjamin Odoki, Augustine Nshimye and Jotham Mwesigye too have previously been retained for an additional 2 year contract under the same arrangement; except that in the case of Odoki things became complicated and MP Gerald Karuhanga had to petition Constitutional Court challenging the lawfulness of his continued stay in office after clocking the mandatory retirement age.
Justice Kasule hails from DP background with JB Kawanga being his best friend and business partner which is why many considered his Mbale Mbale ruling unexpected. To some the wealthy ex-ULS President had previously been synonymous with anti-establishment decisions. Remarkably, his brother Robert Sebunya is an influential senior presidential advisor specifically on matters regarding Buganda Kingdom where he previously was Minister.
BEST TIME TO RETURN
Much-respected Kasule is returning to the bench at a time when like-minded Justice Kenneth Kakuru is spearheading administrative staff welfare-related and other reforms (having been delegated by DCJ Owiny Dollo) aimed at enhancing efficiency in service delivery.
Using his powers, Dollo (who as DCJ heads the Court of Appeal) recently acted prudently when he delegated part of his mandate to the nonsense Kakuru to specifically help oversee all administrative matters relating to Court of Appeal (which also becomes Constitutional Court whenever adjudicating constitutional interpretation matters).
Having taken on the assignment with the characteristic enthusiasm, Kakuru (several lawyers told Mulengera News) has moved mountains at the country’s 2nd highest court in which the public had totally lost interest during the days of Dollo’s predecessor Justice Steven Kavuma.
Understandably speaking off record, several lawyers told Mulengera News that because of the Kakuru-championed administrative reforms, the Court of Appeal now easily passes off as the best-run part of the judiciary followed by the Supreme Court. It was said notwithstanding PJ Yerokam Bamwine’s relentless efforts, the High Court remains the least efficient going by delayed decisions and quality of judgments delivered.
At Court of Appeal, lawyers and court users were unanimous in praising Kakuru for improving time management by ensuring staff are at their desks as early as 8am and stay up to 5pm as required. Attendance of the respective staff and compliance to time management is these days managed and enforced electronically at the Twed Building-based Appeal Court. In place are electronic facilities that capture pictures and finger print impressions evidencing one’s arrival and departure time.
Lawyers said that because of the very high moral standards Kakuru and the rest of the leadership at Court of Appeal have set, the registry staff (some of whom used to insist on being tipped before doing anything for lawyers and other court users) these days are cautious when presented with any form of financial gratifications fearing severe sanctions by the Kakuru-led administration in the Twed building.
Kakuru hasn’t only set high standards for staff but has done the same for fellow Justices for whom a minimum number of judgments to be delivered per week has been set and they are complying having realized Dollo fully empowered Kakuru to use administrative means to crack the whip on floppy justices that cause delay of justice by dragging their feet on writing judgments. The lawyers said these days they are happy because even when the judgment doesn’t go in favor of your client, you can apply for review or appeal to the higher court in the hierarchy of courts.
One lawyer said he has realized that lately, an average of 15 decisions are weekly being delivered by the Court of Appeal and he said this efficiency is evident in both civil and constitutional interpretation matters. Gifting the court with one additional justice, making the total 11, the lawyer hoped Kasule’s recall will only embolden Kakuru’s efforts leading to further efficiency.
“The largest problem leading to case mismanagement was in the registry but now everything is okay and the high standards Justice Kakuru has set at Court of Appeal should be emulated by the other levels of court and even backlog will that way become history. Each time you appear before the Justices there, you feel there is impartiality and its now a joy having matters in the court of appeal. Its something winning for everyone because that is how citizens are going to have renewed trust and confidence in the court system. Remember we are working against very unfavorable statistics whereby of all disputes that merit going to court, only 5% get filed because Ugandans are despondent towards courts,” said one of the lawyers praising the reforms at Court of Appeal quoting what he said where the Judiciary’s own findings.
“The only shameful thing now for me as an officer of court is being associated with some of the decisions in the 2016 election petition appeals that came from that court during Justice Kavuma’s days. These are clearly very anomalous decisions and some have reasoning that is very contradictory. I don’t know how as a country we are going to ever resolve that dilemma regarding those conflicting decisions from the same court. That is why we wish the Kakuru-Dollo combination had come earlier and taken charge there.” The lawyers also said the Dollo-Kakuru spearheaded court of appeal has also lately been churning out much more improved quality of judgments compared to the past when standards in that court had clearly declined with mediocrity becoming order of the day. (For comments, call, text or whatsapp us on 0703164755 or email us at mulengera2040@gmail.com).
