Court of Appeal holds special session in Kabale to tackle case backlog

KABALE - The Court of Appeal has commenced a special criminal session at the Kabale High Court aimed at reducing case backlogs and improving access to justice for residents of the Kigezi sub-region.

The session, officially opened on November 4, 2025, at the High Court premises on Kikungiri Hill in Kabale Municipality, marks the third time the appellate court has sat in the region.

It will handle 30 criminal appeal cases, including those involving murder, aggravated defilement, aggravated robbery, rape, manslaughter, and kidnap with intent to murder.

Deputy Chief Justice Flavian Zeija, who presided over the opening, said the Kabale circuit is part of the Judiciary’s ongoing efforts to decentralise Court of Appeal services and reduce the burden on litigants who would otherwise travel to Kampala for hearings.

“The Court of Appeal sitting in Kabale and other regional circuits is meant to bring justice closer to the people. We want to reduce the backlog and ensure that every Ugandan, regardless of where they live, can access timely justice,” Justice Zeija said.

Heavy caseload before the court

Out of the 30 cases set for hearing, 10 involve murder, another 10 are for aggravated defilement, four for aggravated robbery, one for rape, one for manslaughter, and two for kidnap with intent to murder.

Some of the appellants include Paul Bainomugisha, serving 25 years and 9 months for aggravated defilement; Milton Mulera, serving 27 years for the same offence; and Yosam Ntebekeine, sentenced to 25 years and 8 months for murder.

Others are Asaph Arinda, Joseph Ahumuza, and Avoil Aharyoru, who are appealing their 31-year imprisonment for murder, while Sheikh Arafat Sulaiman is appealing a 15-year and 10-month sentence for murder.

Five others — Kassim Gadaffi, Julius Kiiza, Adam Rutaro, Patrick Kalisa Mugisha, and Francis Kalanda — are contesting their 15-year sentences and an order to refund sh10 million to the victim for aggravated robbery.

Also listed are Jesse Mutungi and John Benjamin Habyarimana, who are appealing their eight-and-a-half-year sentences for kidnapping with intent to murder.

The session is being handled by a three-judge panel comprising Justices Fredrick Ntende Engonda, Oscar John Kihika, and Jesse Rugyema Byaruhanga.

Reducing the backlog

Justice Zeija said the Court of Appeal currently faces a heavy workload due to the limited number of justices, but the Judiciary is determined to improve efficiency through regional sittings and procedural reforms.

“The Court of Appeal has a big workload, yet the number of justices is still limited. However, we are making progress. We have seen notable improvement in the quality of submissions from the Office of the Director of Public Prosecutions,” he explained.

He encouraged judicial officers and lawyers to adopt Alternative Dispute Resolution (ADR) mechanisms such as mediation and plea bargaining to ease the burden on the court system.

“We encourage prison officers to sensitise inmates about plea bargaining. When suspects admit responsibility voluntarily, it saves court time and helps in faster rehabilitation,” he added.

Justice Zeija reiterated that these regional sittings are not only about hearing cases but also about building public confidence in the justice system.

“Justice delayed is justice denied. By bringing the Court of Appeal closer to the people, we make justice visible and accessible, and we restore faith in the rule of law,” he said.

The Judiciary has rolled out several reforms under its strategic plan, including electronic case management, mobile court hearings, and regional appellate sessions. These initiatives are designed to eliminate bureaucratic delays and modernise justice delivery.

Justice Zeija emphasised that while challenges remain — such as limited staffing and logistical constraints — the Judiciary remains committed to efficiency and fairness.

“We are improving our systems and expanding our reach. The Kabale session is part of a broader national agenda to ensure that no one is denied justice because of distance or delay,” he said.

Hussein Mwanja, the Probation and Welfare Officer for Kabale District submitting during the opening of the Court of Appeal session in Kabale district. (Credit: Job Namanya)

Support from legal fraternity and stakeholders

The Kigezi region’s legal community welcomed the move, saying it demonstrates the Judiciary’s commitment to equitable access to justice.

Rebbeeca Ayesiga, head of the bar for the Kigezi region, said bringing the Court of Appeal closer to the people gives communities relief and confidence in the justice system.

“As lawyers, we are very prepared and committed to participating so that justice is provided in time. Holding the Court of Appeal sessions in Kabale makes justice accessible to both the poor and those in remote areas,” she said.

Betty Karungi Gafabusa, the acting senior state attorney, also hailed the initiative, saying it eases the workload of state attorneys and helps witnesses participate more easily in the appellate process.

“This regional sitting enables us to follow cases effectively and support the court in ensuring that justice is done,” she said.

Concerns about court bailiffs

During the opening, Michael Kyakashari, the deputy resident district commissioner (RDC) of Kabale, raised concerns over unethical practices among some court bailiffs, accusing them of exploiting citizens through dishonest agreements and excessive demands.

“We have a problem with some court bailiffs who are exploiting our people by changing agreements to their benefit. They should be brought to order soon because their greed for money is causing suffering,” Kyakashari said.

He added that security agencies were working hard to reduce crime in the region.

However, he expressed frustration that some suspects arrested in serious cases were later charged with lesser offences or released on bail.

“We hear that some of the suspects we arrest for serious crimes are later charged with lighter offences. Recently, the court released 18 suspects who returned to society, and we have since rearrested 14 others. We need to understand their fate and ensure justice is served,” Kyakashari noted.

Children in conflict with the law

In a related development, Hussein Mwanja, the probation and welfare officer for Kabale district, revealed that the Kabale Remand Home currently houses 47 children, including 45 boys and two girls.

He explained that most of the children are facing both capital and non-capital offences, ranging from theft and assault to defilement and murder.

“Many of the children in our remand home are battling serious offences. Twelve of them have stayed too long on remand even after being committed to the High Court, and this delays their access to justice,” Mwanja said.

He appealed for expedited hearings of juvenile cases, emphasising that long periods of remand deny young offenders the chance for timely rehabilitation and reintegration into society.

Call for more local courts

Meanwhile, Zadock Kamusiime, the Rukiga resident district commissioner, used the event to renew calls for the establishment of a magistrate’s court in Rukiga district.

“Litigants from Rukiga face long journeys to Kabale to access justice. We appeal to the Judiciary to establish a magistrate’s court in our district so that our people are not denied justice due to distance,” he said.

The Deputy Chief Justice acknowledged these concerns and said the Judiciary is gradually expanding court coverage to ensure that every district has a magistrate’s court in line with the Administration of the Judiciary Act, 2020.