Soon-to-retire Court of Appeal judge voices frustration with Uganda’s judiciary

Justice Martin Stephen Egonda-Ntende, a Justice of the Court of Appeal and one of Uganda’s most respected jurists, has expressed frustration with what he sees as a steady decline in the protection of fundamental rights within the country’s judicial system. 

The judge, who is set to retire in about six months, made the remarks during the World Philosophy Day Conference held at Makerere University.

Justice Egonda-Ntende said he is often disturbed by reports from magistrates’ courts, especially in cases involving bail applications. 

He cited incidents where accused persons are remanded because the prosecution wants to “investigate a national identity card” presented by sureties. 

He described this as “very funny reasoning” and a troubling departure from long-established principles.

He recalled that when he was a young advocate, courts took the right to bail seriously. 

“The magistrate would take time to explain to an accused person his right to bail and the fact that he could apply for it,” he said. 

He stressed that the default position in a democratic society should be to release a person charged with a bailable offence, unless there are compelling reasons to deny bail. 

“But now there is hostility to some of these rights,” he added.

Justice Egonda-Ntende also reflected on an earlier era when, under Chief Justice Wako Wambuzi, some magistrates developed a practice of adjourning bail applications filed on a Friday to the following Monday—effectively ensuring that the accused spent the weekend in prison. 

He said the Chief Justice later issued a written instruction condemning the practice, directing judicial officers to either grant or refuse bail immediately and provide reasons for their decision.

He now plans to search for that instruction and request the Uganda Legal Information Institute (ULII) to publish it. 

This, he said, would help Ugandans understand how similar issues were handled in the past and remind the judiciary of its duty to protect constitutional rights.