UGANDA CHRISTIAN UNIVERISTY, MUKONO

FACULTY OF LAW
BACHELOR OF LAWS
GROUP 4
NAMES REGISTRATION NUMBERS

1. RUGIMBI MUHANGUZI SIGMUND S09B11/742

2. MUTABUUZA CHRISPUS SO9B11/437

3. ODOUR ODERA PATRICK SO9B11/602

4. MUWAYA ALEX SO9B11/439

5. BYAMUKAMA COMFORT S09B11/106

6. TIBERINDWA ZAKARIYA SO9B11/802

7. YONGYERA ROLAND SO9B11/961

8. AMANYA NORAH SO9B11/013

9. KUNIHIRA WINFRED SO9B11/327

10. REBECCA JANANGA OMENYA SO9B11/744

11. NKARAGWA ALLAN S09B11/515

12. BANDURU DIANA SO9B11/108

13. AKELLO BRENDA S09B11/005

14. NAMUYANJA LILLIAN SO9B11/516

TOPIC: The Court Hierarchy in Uganda.

The Judiciary is an independent organ of government entrusted to administer justice
through courts of judicature. Article 129 of the Uganda constitution establishes the
judicature and establishes all the courts and their hierarchy. The courts therefore have both
pecuniary and territorial jurisdiction as provided for by the different acts and the
constitution. These courts have powers to entertain appeals and this is called appellant
jurisdiction and may have powers over other courts and this is known as supervisory
jurisdiction and have powers to make revision of other courts known as reversionary
jurisdiction. These include the Supreme Court, the Court of Appeal, the High Court, and
other courts or tribunals established by Parliament. Subordinate Courts include Magistrates
Courts1, Local Council Courts2, Qadhis’ courts for marriage, divorce, inheritance of property
and guardianship, and tribunals such as those established under the Land Act (Cap 227),
Communications Act (Cap 106) and Electricity Act Cap 145). The relationship between the
different courts is explained in the following analysis. In addition, Uganda also makes
extensive use of military courts system, which is also in some cases used to change civilians. 3

The functions of the Judiciary are:

1. To interpret the Constitution and the laws

2. To promote human rights, social justice and morality

3. To adjudicate civil and criminal cases

The judiciary is established under Cap 8 of the 1995 Constitution of the Republic of Uganda 4.
The constitution states that judicial power is derived from the people and shall be exercised
by the courts in the name of the people and in conformity with law and with the values,
norms and aspirations of the people. It also sets out principles that the courts are to follow
when deciding cases5:

1. Justice must be done to all irrespective of their social or economic status.

2. Justice must not be delayed

3. Adequate compensation must be awarded to victims of wrongs

4. Reconciliation between parties should be promoted

5. Substantive justice must be administered without undue regard to technicalities.

1
Established under the Magistrate’s Courts Act
2
Established under the Resistance Council (Judicial Powers) Statute No. 1 of 1988.
3
Established under the Uganda People’s Defence Forces Act (UPDF Act)
4
Article 129 of the 1995 Constitution of Uganda.
5
Article 126(1) of the 1995 Constitution of Uganda.
Uganda has a pyramidal judicial structure with the Supreme Court, the Court of Appeal and
the High Court of Uganda being superior courts of record.

THE SUPREME COURT

The Supreme Court stands out at the top of the judicial pyramid as a final court of Appeal in
Uganda and as an appellant court. With one exception, it only decides cases on appeal from
lower courts6. The exception is presidential election petitions, where the Supreme Court has
original jurisdiction, which means that an aggrieved candidate in a presidential election may
petition the Supreme Court directly7. A case in point is petition 1 of 2006 that saw Besigye,
an aggrieved Presidential candidate of the Forum for Democratic Change (FDC), take on The
Electoral Commission and Yoweri Kaguta Museveni of the National Resistance Movement
(NRM).

The Supreme Court is constituted by the Chief Justice and not less than six Justices. Five are
sufficient to hear most cases, but when hearing appeals from decisions of the Court of
Appeal, a full bench of seven justices has to be present. The decisions of the Supreme Court
form precedents that all lower courts are required to follow.

Its jurisdiction in criminal matters is that it hears appeals from court of appeal arising from
conviction of sentences by death.

Where court of appeal has reversed the conviction of a high court, Director of Public
Prosecution may appeal on matters of law of great importance.

On civil matters, it hears civil appeals originating from High court as court of first instance.
These lie as rights in any matter.

THE COURT OF APPEAL/CONSTITUTIONAL COURT

The Court of Appeal is a product of the 1995 Constitution of Uganda. It is an interposition

between the Supreme Court and the High Court and as the title suggest has appellate
jurisdiction over the High Court. It is not a Court of first instance and had no original
jurisdiction, except when it hears constitutional cases. In that case, it sits as the
Constitutional Court, in accordance with the constitution which requires that;

6
Established by Article 130 of the 1995 Constitution of Uganda
7
Article 104 of the Constitution, 1995 and Section 57 of the Presidential Elections Act, Cap 142 of the Laws of
Uganda.
‘Any question as to the interpretation of the Constitution shall be determined by the Court
of Appeal sitting as the Constitutional Court.’8

The constitutional court hears any person who alleges that;

a) An Act of Parliament or any other law or anything done under authority of law or
under any act or omission is inconsistent with or in contravention of a provision of
this constitution, may petition the constitutional court for a declaration to that effect
and for redress where appropriate.

Where it is determined that there is need for redress in addition to the declaration sought,
constitutional court may;

Grant an order of redress or refer to High court to investigate and determine the
appropriate redress.

The Court of Appeal consists of: the Deputy Chief Justice and such number of Justices of
Appeal not being less than seven as Parliament may by law prescribe. 9

Cases coming before the Court of Appeal may be decided by a single Justice 10. Any person
dissatisfied with the decision of a single Justice of Appeal is, however, entitled to have the
matter determined by a bench of three Justices of Appeal, which may confirm, vary or
reverse the decision11. Most cases decided by the Court of Appeal can also be appealed to
the Supreme Court, but the Court of Appeal is the final court in election petitions filed after
Parliamentary elections or elections provided for by the Local Government Act. When
deciding cases as a Constitutional Court it sits with a bench of five justices.

THE HIGH COURT

The High Court of Uganda is the third court of record in order of hierarchy and has unlimited
original jurisdiction, which means that it can try any case of any value or crime of any
magnitude12. Appeals from all Magistrates Courts go to the High Court. The High Court is
headed by the Honourable Principal Judge who is responsible for the administration of the
court and has supervisory powers over Magistrate’s courts.

It has appellant jurisdiction in respect of decisions of any lower courts according to section
204(1) and section 220(1) of the Magistrates Court Act 13 provides that appeals from the
Chief Magistrates court and Magistrate grade 1 lie in High Court.
8
Established by Article 137(1) of the Constitution
9
Article 134 of the 1995 Constitution of Uganda
10
Section 12(1) of the Judicature Act.
11
Section 12(2) of the Judicature Act
12
Established by the Article 138 of the Constitution
13
Cap 6 Laws of Uganda
Section 17 of the Judicature Act empowers High Court to exercise supervisory jurisdiction
over the magistrate courts

The high court also has revisionary power over decisions of the magistrate courts and can
review its own decisions.

The high Court can also dispense justice through issuing prerogatory writs like Habeas
corpus, order of mandamus, prohibitions and certiorari as provided by Section 34 of the
Judicature Act.14

The High Court has six divisions: the Civil Division, the Commercial Division, the Family
Division, the Land Division, the Anti-Corruption Division (semi-autonomous court) and the
Criminal Division. Most of the business of the High Court is conducted at its headquarters in
Kampala, but with the decentralisation of the High Court, its services are now obtained at its
circuits at Fort Portal, Gulu, Jinja, Masaka, Mbale, Mbarara and Nakawa.

THE MAGISTRATES COURTS

Magistrate’s courts are the lowest in the hierarchy of courts, but they are of far more
importance for trying the bulk of the cases in the country. Consequently, the country is
divided into magisterial areas for efficient administration of justice. There are currently
twenty nine chief magisterial areas curved out of one or more districts in Uganda.

Magistrates Courts are divided into three layers—Chief Magistrates courts; Magistrates
Grade I courts and Magistrates Grade II courts.

The jurisdiction of Magistrates courts are limited by both geographical limits and nature of
the case or claim. A Magistrate on appointment is assigned to a magisterial area and cannot
sit in another magisterial area without the authority of the Chief Justice.

The Magistrates Courts Act limits the jurisdiction of the Chief Magistrate to criminal
offences other than those of capital nature which are triable by the High Court. The
jurisdiction of other Magistrates in criminal matters is limited to offences which are not of
aggravated or serious nature.

As far as civil claims are concerned the jurisdiction of the Chief Magistrates and Magistrates
Grade I is limited to cases whose subject matter does not exceed the monetary value of shs.
5,000,000 and shs. 2,000,000 respectively. The present law limits the civil jurisdiction of
Magistrates Grade II to minor claims whose value does not exceed shs. 50, 000.

MILITARY COURTS

14
Cap 13 Laws of Uganda
The Uganda People’s Defence Force Act Cap 307, empowers military force to form military
courts known as the Court martial. They are set up from for courts to enable appeals i.e.
Filed Court martial to Division Court martial, Division Court martial to General Court martial
and General Court martial to Court martial Appeal court.

The Court martial Appeal court is a superior court of record established by statute law for
the purpose of hearing appeals from General court martial s indicated above.

A person convicted by a General Court Martial may, with the leave of the court martial
Appeal court appeal to that court against his conviction.15

There is a right to appeal against sentence but the court has powers to substitute different
sentences in certain special cases. In addition to the provision for appeal by the convicted
person, the Judge Advocate general may in certain circumstances refer the finding of a court
martial Appeal court to the Court of Appeal of Uganda.

Imperative to note is that the Military Courts have quasi-judicial powers.

LOCAL COUNCIL (EXECUTIVE COMMITTEE) COURTS

These are established under the Executive Committees (Judicial Powers) Act 16. They basically
entertain light civil matters that arise out of daily activities in their areas of jurisdiction and
matters arising out of infringement of byelaws duly made under the Local Government Act 17.
The Executive Committee Court is duly constituted when it is sitting with not less than five
members.18 There are three levels of the Committee courts—sub county (level 3), parish
(level 2) and village and appeals from the highest of the Committees (Sub county executive)
lie o the Chief Magistrate and, if the appeal involves a substantial question of law or appears
to have caused a substantial miscarriage of justice to the High Court 19.

COMPARISON:

The newly promulgated Constitution of Uganda’s neighbour Kenya offers an authentic

comparison of Uganda’s Court hierarchy to that of her neighbour.
15
Sec 84 of UPDF Act cap 307
16
Cap 8
17
Sec. 5 of the Executive Committees (Judicial Powers) Act, op cit
18
Sec. 4(1) ibid
19
Sec. 28 ibid
Cap 10 of the 2010 Constitution of the Republic of Kenya establishes the Judiciary.

Article 162 prescribes the system of courts. It provides that;

(1) The Superior Courts are the Supreme Court, the Court of Appeal, the High Court and
the courts referred to in clause (2).

(2) Parliament shall establish courts with the status of the High Court to hear and
determine disputes.

162(4) The subordinate courts are the courts established under Article 169 or by
Parliament in accordance with that Article.

Article 163 establishes the Supreme Court.

163(1) There is established the Supreme Court, which shall consist of;

a) the Chief Justice, who shall be the President of the Court;

b) the Deputy Chief Justice, who shall deputise for the Chief Justice and be the vice-
president of the court;

c) five judges.

Article 163(2) provides that the Supreme Court shall be properly constituted for the
purposes of its hearings if it is composed of five judges.

Article 163(3) stipulates that the Supreme Court shall have--

a) exclusive original jurisdiction to hear and determine disputes relating to the

elections to the offence of the President arising under Article 140; and

b) subject to clause (4) and (5), appellate jurisdiction to hear and determine appeals
from the Court of Appeal and any other court or tribunal as prescribed by national
legislation.

So far, the entirety of Article 162 and 163 of the Kenyan Constitution provide no difference
to the hierarchy of courts in Uganda. Articles 164 and 165 of the same constitution provide
for the Court of Appeal and the High Court respectively but neither do these possess any
significant difference from what we have in Uganda.

Article 169 of the 2010 Kenyan Constitution however establishes the subordinate courts.
These are the Magistrates courts, the Khadhis’ courts, the Courts Martial and any other
court or local tribunal as may be established by an Act of Parliament other than the courts
established as required by Article 162(2).
Whilst the 1995 Constitution of Uganda has no provision for the Kadhis’ courts, Article 170
of the Kenyan Constitution provides for them.

Secondly, the same Article clearly provides for the Court Martial as a subordinate court of
the High Court. The same cannot however be said of the 1995 Ugandan Constitution.

In conclusion therefore, the Uganda Courts hierarchy can best be described in the form of a
pyramid that has the Supreme Court at the apex with the Court of Appeal/Constitutional
Court providing an intermediary between the High Court and the Supreme Court and the
High Court that is in turn a supervisor of the subordinate Magistrates Courts. The Kenyan
hierarchy offers little difference to the Ugandan system with more or less the same pyramid
structure maintained.

BIBLIOGRAPHY

1. The 1995 Constitution of the Republic of Uganda

2. The 2010 Constitution of the Republic of Kenya

3. The Judicature Act Cap 13

4. The Magistrates Courts Act Cap 16

5. The UPDF Act Cap 307