At the just-concluded End of Term Judges’ Symposium on Court-Annexed Alternative Dispute Resolution (ADR) held in Victoria Falls, Justice Professor Andrew Khaukha, Executive Director of the Judicial Training Institute, Uganda, offered an in-depth clarification of Uganda’s Plea Bargaining Rules, underscoring their scope, interpretation, and application across all courts of judicature.
In an interactive session, Justice Khaukha debunked common misconceptions and emphasised that the plea bargaining framework is not limited to the High Court as often assumed. He pointed to Rule 2, which states that “these rules apply to all the courts of judicature,” broadening the reach to include Magistrates’ Courts.
The session also clarified that either the accused or the prosecution may initiate plea bargain discussions at any stage before sentencing, and that plea bargains can be made with individual accused persons, even in cases involving multiple defendants.
“A plea bargain is not a collective undertaking,” Justice Khaukha stressed, citing Rule 6(2).
Highlighting the role of judicial officers in the process, Justice Khaukha stated that courts are permitted to participate in plea discussions under Rule 8(1), but officers who engage in failed negotiations must recuse themselves from subsequent trials in the same case.
Addressing concerns around juvenile involvement, he reaffirmed that when minors are implicated, the agreement must be executed by a guardian or legal representative, in line with Rule 9(2).
Justice Khaukha also emphasised safeguards to ensure justice is not compromised. Courts are empowered to reject plea agreements that may lead to a miscarriage of justice or if the proposed sentence is unduly lenient.
He cited Rule 13(1) and Rule 15(3), underscoring the judiciary’s responsibility to protect the public interest and integrity of the justice system.
The symposium, which brought together judicial leaders from across the continent, also explored implementation strategies and the role of judicial leadership in mainstreaming ADR mechanisms such as plea bargaining.
Justice Khaukha currently serves as Uganda’s focal judge for day-to-day activities of the Africa Chief Justices Forum on ADR.