The Chief Justice Alfonse Owinyi-Dollo has called for the review of the retirement age of judicial officers so that they continue benefitting from their accumulate experience.
The Chief Justice Alfonse Owinyi-Dollo has called for the review of the retirement age of judicial officers so that they continue benefiting from their accumulated experience.
Speaking at State House Entebbe at the swearing-in ceremony of his deputy, Dr Flavian Zeija, Owinyi-Dollo said, there is a need for the country to have a national dialogue on the matter.
“I was 65 years old four years ago; had I retired then, it would have been a waste. In judicial work, experience is invaluable,” Owinyi-Dollo said.
Owinyi-Dollo who first served as high court judge from 2008 to 2015 before he was appointed to the court of Appeal and then as deputy chief justice in 2017 and then as chief justice in 2020, who is set to retire from the judiciary on January 18 next year after clocking 70 years, the mandatory retirement age of justices of the Court of Appeal and justices of the Supreme Court. Judges of the High Court are supposed to retire when they are 65 years of age.
Meanwhile, President Yoweri Kaguta Museveni has commended the outgoing Deputy Chief Justice, Richard Buteera, for his 44 years of service to the judiciary, and congratulated Dr. Zeija upon his appointment.
Museveni welcomed Dr. Zeija’s remarks about outdated and irrational legal practices, particularly in matters of inheritance and land disputes. Zeija, in his speech, criticized the current practice of directing families involved in disputes particularly those concerning the estates of deceased persons to the Office of the Administrator General.“Justice must reflect the lived realities of our people. As Deputy Chief Justice, I will prioritize reforms that make justice more accessible, inclusive, and culturally relevant,” he said.
President Museveni thus emphasised the need for a justice system that aligns with societal realities.“Why should people go through such unnecessary procedures to inherit property?” In the past, clans handled such issues when there was no centralised authority. Today, if the law allows girls to inherit, provided it’s in a will or agreed upon by the clan, then we should incorporate that into the law,” he noted.
He mentioned the current practice of forcing families to go directly to the Administrator General, describing it as unfair and disconnected from community traditions. Instead, he advocated for a revival of traditional dispute resolution systems, such as clan-led mediation.“In Ankole, for instance, if a girl was unhappy in her marriage, the family would mediate. The man would be summoned, and a tribunal of both families would seek the truth. It wasn’t about taking sides, but about fairness and harmony,” Museveni said.
According to the President, the judicial system’s failure to embrace traditional mechanisms was partly due to historical political instability, but he expressed hope that such approaches could now be revived.
Turning to the land dispute in Kiboga, President Museveni narrated how he was compelled to personally intervene after learning of the eviction of a farmer, Mr. Badiru Mwanje, by a man identified as Ainebyona.
“I was in Masindi on my tours when I saw on TV that a boy had evicted a man from a fully developed farm with permanent structures. I went to the scene myself and found armed men occupying the farm. The court had ruled to maintain the status quo but the status quo was established by the invader. How could that be?” he wondered.
Describing the act as unjust and elitist, the President called on the Acting Principal Judge to investigate the magistrate involved in the case. “Who authorised the eviction? This is not justice. I appeal to the judiciary to take this matter seriously,” he said.
President Museveni reiterated that even the Head of State does not have power to evict someone without due process, stressing that such authority lies only with the courts and the Ministry of Lands.“Even if someone is in the wrong, I cannot evict them, I should open a case. Only the court can make that decision, and police simply enforce it. So how could the invader, without a court order, be granted the status quo?” he inquired.
Museveni also warned against the growing trend of individuals usurping state power and bypassing legal procedures. “We must protect our people from injustice, especially when the system appears to side with the wrongdoer,” he added.
Chief Justice, Alfonse Owiny-Dollo, also commended Justice Buteera for the job well done and congratulated Zeija on his appointment as the new Deputy Chief Justice of Uganda, describing him as a visionary and dedicated judicial officer.He expressed gratitude to President Museveni for what he termed as “timely and thoughtful appointments” in the judiciary.
He also lauded Zeija’s tenure as Principal Judge, highlighting his integrity, commitment, and strong work ethic.“I had the privilege to work with him when he served as Principal Judge. He is a man who takes his assignments seriously and works with vision and determination to achieve results. Many may not know, but the real burden of the judiciary lies with the Principal Judge. I couldn’t have asked for a better colleague. Dr. Zeija is dedicated, experienced, and always ready to deliver,” Owinyi-Dollo said.
Highlighting progress in expanding access to justice, Owiny-Dollo reported significant strides in increasing High Court circuits across Uganda.“Following the swearing-in of new judges in March, we’ve expanded the High Court circuits. For example, Wakiso district, with over two million people but no High Court judge, now has operational circuits in Entebbe and Wakiso itself. We have also established courts in Lugazi and three in the Acholi region, including Patongo, which covers Agago and Abim,” he said.
He added that more circuits are planned in Ntungamo, Ibanda, Moyo, and Rakai, pending the next recruitment of judicial officers.“What you have done for the judiciary is commendable, but there is still a need for enhancement in physical infrastructure, ICT equipment, transport for judicial officers, and overall institutional capacity,” he said.
Owiny-Dollo announced that Uganda will host the Chief Justices' Forum in May, focusing on Alternative Dispute Resolution -ADR.
