Justice Owiny-Dollo demands tabling of Judiciary administration Bill

The Deputy Chief Justice, Owinyi Dollo is demanding that parliament tables and passes the judiciary administration Bill to guarantee independence of the judiciary in executing justice speedily.

While giving his New Year message, Justice Owiny Dollo noted that failure to pass the Bill has left most courts below the required capacity, frustrating their desire to speedily and efficiently dispense justice.

Dollo says that regardless of how diligently the judicial officers want to work, they can only do very little if their numbers are not boosted to the required.

Faced by numerous financial and staffing challenges that are affecting effective dispensation of justice, the judiciary is demanding tabling and passing of the judiciary administration Bill.

The Bill is hoped to guarantee the judiciary’s autonomy as one of the three arms of government with powers to recruit its own support staff and manage its finances like parliament and the executive.

The deputy chief justice while giving his new year message says the bill should be one of parliaments priorities’ this new year.

 "We have pursued the question of the law for the administration of the judiciary, its long overdue because this law its expected will assert the independence of the judiciary in every acceptable manner."

He says many courts have suffered from understaffing as a result of lack of the law. Citing the court of appeal as an example, he says the court received 120 election petition appeals from which over 200 miscellaneous applications arose.

Even with stern warnings and deadlines on completion of the petitions, there are still cases pending judgment at the court, something he blames on the shortage of judges who he says are nine instead of the required 15.

"The nine active justices of the court of appeal can only do so much, I can tell you that justices of the court of appeal where I work are so diligent are so committed but they can only do so much," he says.

He however says such low staffing; characteristic of all other courts leaves them less constituted to handle matters in courts expeditiously.

There is a shortage right from the Supreme Court, which is at nine judges yet meant to have eleven, the high courts have 45 short of the required 82, a story shared by registrars and lower courts.

Even with many petitions relating to article 102b, the DCJ intimated that regardless of how much they may want to dispense the matter fast, the constitutional court can only have one panel which would mean delays in dispensing any other matters coming to the court.

"My fear is if there are fifty constitutional petitions at the moment I’m not able to constitute two panels, I can only constitute one for any constitutional matter."

"How long will it take because the same judges you will constitute to hear petition one are the very ones to hear number two, three to fifty," he added.

The complaint on law stuffing comes at a time when many legal minds are expected to hit courts of law challenging the recently assented to age limit act. With most challenging the same clauses in the act, some petitioners may be directed to consolidate their petitions.