Mbale, Arua Earmarked for Next Phase of Court of Appeal Construction

The Judiciary has earmarked Mbale City and Arua for the next phase of Court of Appeal construction as it seeks to bring appellate justice closer to litigants, although land shortages and limited resources continue to constrain infrastructure development.

Deputy Chief Justice Moses Kawumi Kazibwe said the Judiciary was prioritising ongoing projects before embarking on the next phase, with the proposed Mbale facility expected to feature towards the end of the next financial year.

Kazibwe said the Court of Appeal under construction in Gulu was about 25% complete and expected to be ready by May 2027, while the Mbarara facility had reached 10% completion and was expected to be ready by September 2027.

The Judiciary is also constructing seven lower courts in different parts of the country, including Mpigi, Abim and Amolatar, as part of efforts to expand access to justice.

The Deputy Chief Justice made the remarks during a regional Court of Appeal civil session held in Mbale from October 12 to 13, where 31 cases were heard.

The session brought appellate services closer to litigants from Mbale, Busia and Manafwa, some of whom recounted the financial and logistical difficulties they had previously faced travelling to Kampala to pursue their cases.

“I survived a road accident while driving my father to the Court of Appeal in Kampala. I am glad that the case is being heard here today,” said Swale Waniae, a councillor at Mbale City Council.

Mbale already has a Chief Magistrates Court and a High Court but lacks a permanent Court of Appeal facility, leaving litigants dependent on occasional regional sessions or journeys to Kampala.

The need for a permanent facility is compounded by the national appellate caseload. According to figures cited during the session, the Court of Appeal has a backlog of more than 14,000 cases handled by just nine judges.

With only 31 cases heard during the two-day session, litigants whose matters were not considered may have to wait for another regional sitting or travel to Kampala, highlighting the limitations of temporary sessions in addressing demand for appellate services.

Land availability shapes expansion plans

Kazibwe said the availability of land was a major consideration in the Judiciary’s infrastructure programme, thanking Mbale City authorities for donating land and providing a title for the proposed Court of Appeal.

He said the Judiciary had encountered resistance in some areas where it sought land for court construction, forcing it to prioritise locations whose authorities had readily offered sites.

“I know about four places we have been to, and they have refused to give the land to build courts,” Kazibwe said.

He confirmed that Mbale and Arua would be considered in the next phase once the ongoing projects were completed.

“In the next phase of construction, we have Mbale and Arua,” he said.

Kazibwe added that a permanent Court of Appeal would bring economic benefits to Mbale beyond improving access to justice, including employment opportunities, demand for construction materials and increased business for local enterprises.

“Just the court being there alone will bring a lot of money into Mbale City,” he said.

However, efforts to secure land for the proposed facility have reportedly faced disagreements within Mbale City Council.

Some councillors opposed the proposed donation of public land, questioning the intentions of the outgoing mayor, Cassim Namugali, and his executive. The councillors reportedly alleged that the proposed transfer could amount to a disguised sale of public land and questioned whether the executive had been paid to facilitate it.

The allegations complicated efforts to obtain a council resolution formalising the donation. They remain allegations and do not, on their own, establish wrongdoing by the mayor or other officials.

For Mbale, the Judiciary’s commitment offers a possible path towards establishing a permanent appellate facility, although construction will depend on the completion of ongoing projects, available funding and the resolution of outstanding land-related issues.

Infrastructure alone will not clear case backlog

Despite plans to expand the court network, Kazibwe cautioned that bringing judicial services closer to litigants would not, by itself, resolve delays in the administration of justice.

He called for increased funding, adequate staffing and improved efficiency across the Justice, Law and Order Sector (JLOS), particularly among institutions responsible for investigations, prosecution and the administration of sentences.

“Administration of justice is like a bicycle chain; every spoke is important. A delay by any sector player delays justice. When police delay investigations, justice is delayed,” he said.

He emphasised the need for coordinated improvements in the Uganda Police Force, the Office of the Director of Public Prosecutions, the Attorney General’s chambers and the Uganda Prisons Service to eliminate avoidable delays.

Delays in investigations, prosecution and the movement of cases through the justice system can undermine efforts to dispose of cases promptly, even where court infrastructure and judicial staffing improve.

The Judiciary therefore faces a twofold challenge: securing land and funding for new facilities while strengthening coordination across the wider justice system to ensure that improved physical access translates into faster case resolution.

For Mbale and other areas awaiting appellate services, the next phase of construction could reduce the cost and inconvenience of pursuing appeals. However, its impact on the national backlog will depend on whether infrastructure expansion is matched by sufficient judicial personnel, resources and efficiency across the justice system.