KAMPALA INTERNATIONAL UNVIVERSITY

SCHOOL OF LAW
COURSE:LEGAL METHODS
YEAR:ONE
SEMESTER:TWO
SESSION :DAY
LECTURERS NAME :MR ABULLAHI BELLO
GROUP FOUR COURSE WORK

STUDENT NAME REGISTRATION NO SIGNATURE

ARONDA ABEL RWAKANDARE 2024-08-28446
ATHIENO MAGGIE 2024-08-28186
ARIHO DERRICK 2024-08-27796
AINEBYOONA DESIRE 2024-08-28178
KAMATSIKO BLESSING 2024-08-28302
SSEMUJJU ROBERT 2024-08-27574
WANYAMA ISAAC NICHOLAS 2024-08-27321
BODYO JULIET 2024-08-27728
MURANGIRA NOAH 2024-08-28033
NASSALI MAJORINE OLIVAR 2024-08-32215
NANKAYA MARY TENDO 2024-08-29144
AMITTA MERCY DORCUS 2024-08-28146
NABWIRE CHRISTINE PHIONA 2024-08-28063
Discuss the appointment ,qualifications,tenure, removal,
immunity ,and independence of the following judicial officers.
a) Supreme court
b) Court of appeal
c) High court
d) Magistrates court (civil and criminal)
e) Kadhis courts

Judicial officers in Uganda derive their power from the Constitution of

the republic of Uganda. According to Article 126 of the 1995
Constitution, judicial power is derived from the people and shall be
exercised by the courts established under this constitution in the name
of the people and in conformity with the law and with the values ,
norms and aspirations of the people.
Under clause 2 of the Article ,judicial officers are mandated while
adjudicating cases of both civil and criminal nature to ensure justice is
not delayed, prevails to all people irrespective of their social or
economic status and administered without undue
technicalities ,adequate compensation given to victims and
reconciliation between parties promoted.
Therefore judicial officers are people with responsibilities and powers
to facilitate ,arbitrate ,preside over ,and make decisions and directions
with regard to the application of the law.
Examples of judicial officers include;
 Judges
 Magistrates
 Commissioners of oath e.t.c ,jurisdiction and legal structures they
operate in i.e ;
Judges; These preside over trial courts ,handle cases , evidence and
make rulings or judgements inn both criminal and civil cases.
Magistrates ; These handle minor cases ,preliminary hearings or
administrative judicial duties.
Justices ; These serve on the highest courts in jurisdiction such as
supreme court and focus on interpreting the constitution and settling
legal disputes and precedents
Commissioners ; Handle specific judicial tasks often under the
supervision f a judge
Tribunal members ; These preside over specialized tribunals or quasi -
judicial bodies.
APPOINTMENT OF JUDICAL OFFICERS
A certain criteria is followed when appointing the above judicl officers
in different judicial officers.
Article 142 (1) of the Constitution of the Republic of Uganda 1995
provides for the appointment of judicial officers ;
(1) The Chief Justice ,the Deputy Chief Justice ,the principal judge ,a
justice of the supreme court, a justice of Appeal and a judge of the high
court shall appointed by the president acting on the advice of the
judicial service commission and with the approval of the parliament.
(2) Where_
a) the office of a justice of the Supreme Court or a justice of appeal
or a judge of the high court is vacant;
 b) a justice of the Supreme Court or a justice of appeal or a judge of
the high court is for any reason unable to perform the functions
of his or her office ; or
the Chief Justice advises the Judicial Service Commission that the state
of business in the Supreme Court , Court Of Appeal or the High Court so
requires,
the President may ,acting on the advise of the Judicial Service
Commission ,appoint a person qualified as a justice of the Supreme
court or a justice of appeal or a judge of the high court to act as such a
justice or judge even though that person has attained the age
prescribed for retirement in respect of that office.
(3)A person appointed under clause (2) of this Article to act as a justice
of the Supreme Court ,a Justice of Appeal or a judge of the high court
shall continue to act for the period of the appointment or ,if no period
is specified ,until the appointment is revoked by the president acting on
the advice of The Judicial Service Commission ,whichever is earlier.
Other judicial officers like magistrates in the magistrates courts (both
civil and criminal and Qhadis courts are appointed by the judicial
service commission to hold or act in any judicial office as provided for
under Article 148 of the constitution.

Qualification of judicial officers.

The criteria followed for one to be appointed as a judicial officer in the
supreme court ,court of appeal and high court is provided for under
Article 143 of the Constitution of the Republic of Uganda 1995;
(1)A person shall be qualified for appointment as _
a) Chief Justice ,if he or she has served as a justice of the
Supreme Court of Uganda or a court having similar
 jurisdiction or has practiced as an advocate for a period
not less than twenty years before a court having
unlimited jurisdiction in civil and criminal cases;
b) Deputy Chief Justice or Principal Judge , if he or she has
served as a justice of the Supreme Court or as a justice of
appeal or as a judge of the high court or a court with
similar jurisdiction to such a court or as practiced as an
advocate for a period not less than fifteen before a court
having unlimited jurisdiction in civil or criminal cases,
c) A Justice of the Supreme Court ,if he or she has served as
a justice of appeal or a judge of the High Court or a court
of similar jurisdiction to such a court or has practiced as
an advocate for a period not less than fifteen years
cases;
d) A Justice of Appeal if ,he or she has served as a judge of
the High Court or having similar or higher jurisdiction or
has practiced as an advocate for a period not less than
ten years before a court having unlimited jurisdiction in
civil and criminal matters or is a distinguished jurist and is
an advocate of not less than ten years standing;
e) A Judge of the High Court , if he or she is or has been a
judge of a court having unlimited jurisdiction in civil and
criminal matters or a court having jurisdiction in appeals
from any such court or has practised as an advocate for a
period not less than ten years before a court having
unlimited jurisdiction in civil and criminal matters
(2) Any person during which a person has practiced as a public
officer holding an office for which qualification as an advocate
is required shall be counted in the calculation of any period of
 practice required under clause 1 of this Article even though
that person does not have a practicing certificate.

Tenure of office of judicial officers.

Jucidial officers have a maximum period of time they hold their offices
as provided for under Article 144 of the constitution of the republic of
Uganda 1995;
(1) A judicial officer may retire at any time after attaining the age of
sixty year , and shall vacate his or her office
a) in the case of The Chief Justice , Deputy Chief Justice ,a
Justice of the Supreme Court and a Justice Of Appeal ,on
attaining the age of seventy years ; and
b) in the case of the principal judge and a judge of the high
court , on attaining the age of sixty five years ;or
c) in each case ,subject to Article 128(7) of this Constitution ,
on attaining such other age as may be prescribed by the
parliament by the law,
but a judicial officer may continue in office after attaining the
age at which he or she is required by this clause to vacate
office ,for a period not exceeding three months necessary to
enable him or her to complete any pending work before him
or her.

Removal of judicial officers in Uganda.

The president of Uganda has the power to suspend or even remove a
judicial officer from his or her office being guided by the judicial service
commission and the cabinet from where a tribunal is set up to
investigate the removal of the officer from his or her power as provided
for under Articles 144( 4 &7) of the constitution of the republic of
Uganda 1995.
A judicial officer may be removed from office only ;
a) inability to perform the functions of his or her office arising from
infirmity of body or mind;
b) misbehavior or misconduct ; or
c) incompetence as provided for under Article 144 (2) of the 1995
constitution of the republic of Uganda.

Before analyzing the independence and immunity of the

judiciary ,it is very paramount that we understand the legal
structure of the Ugandan courts (hierarchy).
Judicial power in Uganda is exercised by by courts of judicature
established by this constitution as provided for under Article 129
further provides that the Supreme Court , the Court of Appeal and
The High Court of Uganda shall be superior courts .
Supreme court.
Articles 130 -133 of the 1995 Constitution of Uganda provide for
The Supreme Court Of Uganda ;The supreme court is the final
court of appeal and consists of the chief justice as ts head and a
nuber of justices of the supreme court not being less than six as
parliament may by law prescribe.
(NB ; the Current Chief Justice is called Justice Alphonso Awiny
Dollo).

Court Of Appeal.
Articles 134 &135 of the constitution o the republic of Uganda 1995
provides for the Court of Appeal.
The Court Of Appeal comprises of the Deputy Chief Justice and a
number of justices of appeal not being less than seven.(N.B; the current
Deputy Chief Justice is justice RICHARD BUTEERA)
Important to note is that the Court of Appeal can also sit as the
Constitutional Court as provided for under Article 137 of the 1995
Constitution of the Republic of Uganda. Therefore it handles cases that
require interpretation of the constitution.

The high court.

The high court comprises of the principal judge as its head and a
number of judges from the high court as provided for under Article 138
0f the constitution of the Republic of Uganda 1995.
The High Court has unlimited original jurisdictions in all matters as
provided for under Article 139 Of The Constitution Of The Republic Of
Uganda and to this effect courts like the Civil Court ,Criminal
Courts ,Family Courts And Land Courts and to ensure that justice is
achieved several court circuits have been put in place I regions like ;
Mbarara, Masaka, Fort portal , Nakawa e.t.c
Below the High Court are Magistrates Courts.
Sections 2&4 of the Magistrates Courts Acts cap 19 provides for the
magistrates courts in Uganda
The magistrates courts are established in areas by the minister who
may statutory instrument after consultation with the Chief Justice
designate them.
The powers and jurisdiction of a magistrate are determined by the
grade of his or her appointment that is Chief Magistrate ,Magistrate
Grade 1 &2.
The magistrate courts handle both civil and criminal matters.
There are other courts known as Qhadis courts;
These courts are established under article 129(d) of the 1995
constitution of the republic of Uganda.
They basically operate under the Sharia law but they are supervised by
the High Court.
IMMUNITY AND INDEPENDENCE OF THE JUDICIARY.
According to Article 128 of the Constitution of the Republic of
Uganda;
(1) in the exercise of judicial power ,the courts shall be
independent and shall not be subject to the control or
direction of any person or authority.
(2) No person or authority shall interfere with the courts or
judicial officers in the exercise of their judicial functions.
(3) All organs and agencies of the state shall accord to the
courts such assistance as may be required to ensure the
effectiveness of the courts.
(4) A person exercising judicial power shall not be liable to any
action or suit for any act or omission by that person in the
exercise of the judicial power .
(5) The administrative expenses of the judiciary ,including all
salaries ,allowances ,gratuities and pensions payable to or in
respect of persons serving in the judiciary ,shall be charged
on the Consolidated Fund.
 (6) The judiciary shall be self - accounting and may deal
directly with the ministry responsible for finance in relation
to its finances.
(7)The ministry allowances ,privileges and retirement benefits
and other conditions of service of a judicial officer or other
person exercising judicial power shall not be varied to his or
her disadvantage.
(8) The office of the Chief Justice, Deputy Chief Justice ,
Principal Judge, a Justice of the Supreme Court , a Justice Of
Appeal or a judge of the High Court shall not be abolished
when there is a substantive holder of that office.

THE JUDICIAL SERVICE COMMISSION .

The Judicial Service Commission is provided for under Article 146 of the
Constitution of the Republic of Uganda 1995.
The Judicial Service Commission comprises of the following persons as
per clause 2;
a) a Chairperson and a Deputy who shall be persons qualified to be
appointed as justices of The Supreme Court ,other than the Chief
justice , the Deputy Chief Justice and the Principal Judge;
b) one person nominated by the public service commission;
c) two advocates of not less than fifteen years’ standing nominated
by the Uganda law society;
d) one judge of the Supreme court nominated by the president in
consultation with the judges of the Supreme Court , the justices
of Appeal and Judges of the High Court ;and
e) two members of the public, who shall not be lawyers nominated
by the President.
(3) the attorney general shall be an ex officio of the commission.

(4) Chief Justice ,the Deputy Chief Justice and the Principal judge shall
not be appointed to be the Chairperson ,Deputy chairperson or a
member of the Judicial Service Commission.

(5) a person is not qualified to be appointed a member of the Judicial

Service Commission unless the person is of high moral character and
proven integrity.
(6) the office of the chairperson shall be a full- time and a person shall
not engage in private legal practice while holding that office.
Subject to the provisions of this article , a member of the judicial
service commission vacates the office at the expiration of four years of
his tenure but is eligible for reappointment for one other term,
however can be removed by the president only if that person has been
unable to perform the functions of his or her office arising from
infirmity of the body or mind or for misbehavior ,misconduct or
incompetence as provided under Article 146 (7) of the constitution.
Also, there shall be a secretary to the commission who shall be
appointed by the president on the advice of the public service
commission. Article 146 (8) of the 1995 Constitution of the Republic of
Uganda.
FUNCTIONS OF THE JUDICIAL SERVICE COMMISSION.
Article 147 of the constitution of the republic of Uganda provides the
functions of the commission as explained below;
a) advises the president in exercise of his power to appoint or
remove persons like the Chief Justice ,Deputy Chief justice ,the
Principal judge, chief register e.t.c
 b) makes recommendations on the terms and conditions of service
of judges , other judicial officers and staff of the judiciary.
c) Prepare and implement programs for the education of and
dissemination of information to judicial officers and the public
about the law and administration of justice
d) To receive and process peoples’ recommmendations and
complaints concerning the judiciary and the administration of
justice.
e) To advise the government on improving the administration of
justice.
Important to note is that while performing the functions of the
judicial service commission ,it shall be independent and shall not be
subject to the direction or control of any person or authoriy
according to Article 147(12) of the Constitution of the Republic of
Uganda.

Judicial oath
Every judicial officer shall, before assuming the duties of his or her
office ,take and subscribe the oath of allegiance and the judicial oath
specified in the Fourth Schedule of this Constitution as according to
Article 149 of the 1995 Constitution of the Republic of Uganda.