By The Insight Post Uganda
Mukono, Uganda
Chief Justice Alfonse Chigamoy Owiny-Dollo has strongly warned the newly appointed chief magistrates against the practice of setting impossible bail conditions on bail applications since it jeopardises the justice system and fairness.
Dollo’s message was delivered through Justice Mike Chibita who represented him at the commencement of the eight-day induction of the newly appointed chief magistrates at Collin Hotel-Mukono.
He expressed his concern without hesitation about the troubling pattern where judicial officers are refusing bail to people due to excessively high bail conditions, which results in their imprisonment.
This practice, carried out by an increasing number of judicial officers nationwide, has placed significant pressure on the prison system.
Chief Justice Owiny-Dollo stressed that it is the primary responsibility of the courts to make sure that only those who truly deserve to be in jail end up there.
“Ensure timely delivery judgments and reasonably dealing with bail applications. Bail should not be unreasonably denied by imposing impossible terms, but the Court must always guard against absconding. Accused persons due for mandatory release should be timely processed and sent to the High Court for action.”
Justice Dollo emphasised, adding that those who are due for mandatory release should be promptly processed and sent to the High Court for further proceedings.
Furthermore, the Chief Justice called upon the newly appointed chief magistrates to fulfill their statutory obligation to supervise subordinate courts within their jurisdictions. Presently, the country boasts 91 chief magistrates and 366 Grade I Magistrates.
“This underscores the importance of your role in mentoring, overseeing, and evaluating this substantial judicial force. By dedicating sufficient time and effort to this endeavour, you can alleviate the Chief Registrar’s workload. I rely heavily on you as my allies in the ongoing battle against corruption, indolence, and inefficiency,” he urged.
In a similar vein, Principal Judge Flavian Zeija issued a stern warning to judicial officers against engaging in both real and perceived corrupt practices. Nzeija further lamented that some judicial officers have been known to solicit bribes to render favourable decisions or issue orders.
He also highlighted concerns regarding the granting of bail applications, pointing out that there have been numerous complaints, especially at the magistrates’ court level, about the impossibility of obtaining bail without offering “bail money” to facilitate judicial officers and other stakeholders within the justice system.
“Justice within the judiciary is not up for sale,” Justice Zeija said, noting that it is utterly absurd that, in this day and age, a well-compensated judicial officer would stoop so low as to demand that an impoverished court user sell their last possession, be it a goat or any other meagre possession, just to secure bail or obtain a favourable court decision or order.
According to Zeija, corrupt practices not only tarnish the reputation of the judiciary but also perpetuate a perception that it favors the wealthy while obstructing justice for the underprivileged.
“This transformation starts with you as an individual and should extend to Magistrates Grade 1 and support staff under your purview. Ultimately, you will be judged by your conscience, determining whether you will be branded as a thief or as an honourable advocate for justice,” he added.
Meanwhile, a group of 20 chief magistrates is currently undergoing training until the following Tuesday. These magistrates are part of the judicial officers recruited earlier in May this year.
According to Justice Damalie Lwanga, the Executive Director of the Judicial Training Institute, this training aims to equip officers with the skills and knowledge necessary to effectively fulfil their duties within the judicial system.
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