OPINION: The relocation of Luzira Prison and what it means for access to justice

By David Waiswa

Luzira Prison is located in Nakawa Division south-east of the Kampala City. The prison is approximately 10 kilometers from the city's central business district.

Recent media coverage and discourse have centered on the potential relocation of Luzira Prison to Buikwe District in order to make way for the redevelopment of the existing facility into a hotel.

But what does this mean for access to justice not only for the inmates but also the complainants. On January 15th, 2024 a report published by the New Vision indicated that the prison population in Uganda stood at about 77,592 people. Of these the convicts were 39,602 while those on remand were 37,555 and debtors were 435.

It could be argued that Luzira Prison houses the greatest number of these detainees and is responsible for a substantial proportion of both convicted individuals and those on remand.

The Kampala Metropolitan area is home to the largest number of courts in Uganda, including the Supreme Court, Court of Appeal, High Court circuits, and Magistrates courts. These courts are responsible for hearing cases and daily receive accused individuals on remand and parties involved in civil matters from Luzira prison.

The restriction placed on the geographical jurisdiction of magistrate courts is noteworthy.

In the Ministerial Policy Statement for FY 2021/22 (vote 145), the prison administration projects that they will deliver to court an average of 1,950 detainees per day in FY 2023/24, compared to 1,825 in FY 2021/22.

Once more, based on the substantial number of courts and inmates in the Kampala metropolitan area, it is justifiable to assert that a considerable proportion of these inmates are moved from Luzira to appear before the courts in and around Kampala.

An examination of the most recent Annual Police Report 2023 regarding officially documented criminal incidents in the Kampala metropolitan area may serve as a cross-reference.

According to a report published in November 2016 by the Committee on Defence and Internal Affairs of Government Prisons in Uganda, the misalignment of criminal justice agencies has hindered access to justice by increasing the distance between prisons and adjudicating courts of law.

The committee suggested that to minimize the distance prisoners have to be transported to and from adjudicating courts of law, prison locations should be strategically aligned and adjacent to such courts.

Considering the above facts, the following questions remain unanswered: What implications does the relocation have for accused individuals and parties who have resided in Luzira prison for years and attended courts of law in and around Kampala? What implications does the relocation have for witnesses residing in and around Kampala who are required to attend court?

What consequences does the relocation entail for the relatives of inmates residing in and around Kampala who are permitted to visit their loved ones?

What are the implications of the relocation on the cost of access to justice? What is the opportunity cost?