New Vision (Kampala)

Uganda: Justice Delayed is Justice Denied

15 November 2009


editorial

Kampala — MASAKA High Court judge, Justice Moses Mukiibi has adjourned, the trial of Godfrey Kato Kajubi. Kajubi is on charges of killing a 12-year-old boy, Joseph Kasirye in a suspected ritual murder.

The judge stated that the funds provided for the court session had been exhausted and therefore the trial has to be put off until the start of the new session in February 2010.

But the judge observed that if more funds are provided before the next court session, the trial would resume.

Suspension of Kajubi's trial is unfortunate as it has serious implications. The murder in question was committed in October 27, 2008. It was one of the many suspected ritual murders committed during that year.

However, it has attracted more public attention, partly because the manner in which the boy was murdered was chilling. But also the key suspect is a wealthy Kampala city businessman. The trial has been going on for close to four months now, with several adjournments. It needs to be brought to an end expeditiously. Any further delays will only create suspicions and undermine the integrity of the judiciary.

Relatives of Joseph Kasirye are anxious and want justice to be done. Justice must not only be done, but must be seen to be done. Besides, the accused is entitled to a speedy trial. It is an old legal principle that justice delayed is justice denied.

The Kajubi trial, however, highlights a very serious problem that needs urgent attention - the failure of the courts to speedily hear and dispose of cases both civil and criminal. Of course, the judiciary cannot be solely blamed for the delayed trials.

Therefore, it is not a problem that the judiciary can single-handedly solve. The problem requires all the stakeholders - the Government, judiciary, police, the Directorate of Public Prosecution - to work together to find a solution urgently.

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