OPEN LETTER TO THE HONOURABLE CHIEF JUSTICE OF UGANDA, JUSTICE DR. FLAVIAN ZEIJА

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Dr. Joseph Tindyebwa

By Dr. Joseph Tindyebwa

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Dr. Joseph Tindyebwa, a Senior Lecturer, Public Policy Analyst and Bachelor of Laws (LLB) student, has appealed to Uganda’s Chief Justice, Justice Dr. Flavian Zeija, to strengthen judicial independence, address case backlogs and promote accountability in the administration of justice.

In an open letter dated October 20, 2026, Tindyebwa, an Old Boy of St. Mary’s College Rushoroza, raises concerns about the handling of politically sensitive cases, bail applications, alleged unlawful detention, corruption proceedings and delays in the resolution of civil disputes.

He also proposes the establishment of a national dialogue and justice-reform mechanism, alongside a judicial research and policy evaluation unit, to help identify challenges affecting the administration of justice in Uganda.

The appeal follows Zeija’s homecoming to St. Mary’s College Rushoroza in Kabale District on October 18, 2026, where the school community and former students gathered to celebrate his appointment as Chief Justice.

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Tindyebwa says the occasion was particularly significant for former students and residents of the Kigezi sub-region, describing the school as an institution that shaped his integrity, moral values, ethics and character.

“I write this open letter with deep humility, respect and a profound sense of responsibility as a fellow Old Boy of St. Mary’s College Rushoroza, where I studied between 1993 and 1996,” he writes.

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He congratulates Zeija on his appointment to head the Judiciary, describing the position as one that carries significant responsibility for protecting constitutional rights and maintaining public confidence in the justice system.

According to Tindyebwa, the Judiciary must remain accessible, impartial and responsive to citizens’ concerns, particularly at a time when questions about delayed justice, detention and accountability continue to feature in public discussions.

Calls for judicial independence and fair bail decisions

One of the principal concerns raised in the letter is the need to strengthen public confidence in judicial independence and impartiality, particularly in cases involving opposition politicians and other individuals facing criminal proceedings.

Tindyebwa cites the circumstances surrounding Dr. Kizza Besigye, former Kampala Lord Mayor Erias Lukwago, Hajji Obed Lutale and Sam Mugumya, arguing that concerns about detention, bail applications and access to appropriate medical care deserve careful attention.

He questions whether the applicable legal requirements are being applied consistently in politically sensitive cases and calls for judicial decisions to be guided by the law and the circumstances of each case rather than political affiliation.

“Bail is not an automatic entitlement in every case; its determination rests upon the applicable law and the circumstances presented before the court,” he acknowledges, while insisting that decisions should be based on objective legal considerations.

He further emphasises the importance of the presumption of innocence, arguing that accused persons should not be treated as guilty before their cases are determined in accordance with the law.

Tindyebwa appeals to the Chief Justice to use the lawful administrative and judicial mechanisms available to his office to promote consistency, transparency and public confidence in the handling of bail applications.

He also calls for particular attention to cases in which accused persons reportedly require specialised medical attention, arguing that questions of detention, medical care and personal liberty should be addressed within the framework of the Constitution and applicable laws.

Raises concerns over alleged unlawful detention

The letter also raises concerns about allegations of abductions, arbitrary arrests, torture, prolonged detention and the holding of suspects in places alleged not to be officially designated for detention.

Tindyebwa argues that such allegations, where credibly raised, require appropriate attention from the relevant institutions to ensure that constitutional safeguards are respected.

He calls for stronger mechanisms to enable individuals who allege unlawful detention to access legal representation, challenge their detention and obtain appropriate remedies through the courts.

“The Judiciary has a vital constitutional role in ensuring that persons who allege unlawful detention or violations of their rights have access to effective legal remedies,” he writes.

Drawing on historical concerns about judicial independence, Tindyebwa also refers to the 2007 incident involving the reported re-arrest of suspects who had been granted bail.

He argues that such incidents underline the importance of respecting court orders and ensuring that security operations remain within the law.

Tindyebwa calls on the Chief Justice to continue promoting an independent Judiciary capable of addressing credible complaints concerning violations of constitutional rights without compromising the independence of individual judges.

Tindyebwa urges action on court backlogs

The writer identifies delayed justice as another major challenge, arguing that prolonged court proceedings impose financial, emotional and social costs on litigants.

He cites the case of an elderly widowed relative, Tumusiime Eveline, whom he says is pursuing a civil matter concerning the recovery of her late husband’s estate before the High Court Family Division in Wandegeya.

According to Tindyebwa, the case has remained unresolved for more than two years without being heard as expected.

He says the example illustrates the difficulties that prolonged litigation can create for elderly and vulnerable litigants who may lack the resources to pursue their claims indefinitely.

Tindyebwa also refers to employment-related concerns arising from his time at Kabale University, which he says have not been resolved to his satisfaction despite the passage of approximately nine years.

He stresses that his intention is not to seek preferential treatment but to highlight the wider need for timely and effective dispute resolution.

Among the measures he proposes are stronger case management, improved scheduling of hearings, expanded use of technology in court administration, better record management and greater use of alternative dispute resolution mechanisms.

He also recommends identifying the systemic causes of delays and introducing measurable interventions to improve the timely determination of cases.

“Timely justice must therefore remain a central priority of judicial administration,” he argues.

Calls for accountability in corruption cases

Tindyebwa further urges the Judiciary to strengthen the fair and effective handling of corruption cases, citing public concerns over alleged embezzlement, procurement irregularities and the misuse of public resources.

He argues that accountability is particularly important in a country where citizens continue to face challenges accessing essential public services, including healthcare and education.

The letter refers to public controversies associated with the Temangalo land transaction, preparations for the Commonwealth Heads of Government Meeting, Uganda Airlines and the alleged mismanagement of funds connected to the Karamoja iron sheets programme.

Tindyebwa questions whether accountability mechanisms are applied consistently when allegations involve politically influential individuals or senior public officials.

However, he acknowledges that the cases differ in their facts, procedural histories and legal outcomes and should be assessed individually on the basis of reliable evidence.

He calls for corruption cases brought before the courts to be handled impartially and expeditiously, with the law applied fairly to all parties.

“The Judiciary cannot independently investigate or prosecute every allegation of corruption. However, it has a critical role in ensuring fair trials, impartial adjudication, lawful sentencing and the effective application of the law in cases brought before it,” he writes.

He adds that public confidence in the justice system depends partly on citizens being assured that judicial outcomes are not determined by political influence, personal connections or social status.

Proposes national dialogue and judicial research unit

Beyond identifying challenges, Tindyebwa proposes institutional reforms that he believes could improve the administration of justice and strengthen public confidence in constitutional governance.

His first recommendation is for the Chief Justice to consider engaging relevant constitutional institutions and stakeholders in a structured national dialogue or justice-reform initiative.

He proposes bringing together representatives of the Judiciary, the legal profession, Parliament, human rights institutions, civil society and academia to discuss access to justice, constitutional compliance, civil liberties and institutional accountability.

He argues that such engagement could help identify practical and sustainable measures to address weaknesses in the justice system and improve relations between citizens and public institutions.

He also recommends establishing, or strengthening where appropriate, a judicial research and policy evaluation function within the Judiciary.

The proposed unit would examine trends in case backlogs, causes of delays, access to bail, judicial administration, public complaints and the effectiveness of case management and alternative dispute resolution.

Tindyebwa believes evidence-based research could help the Judiciary identify institutional weaknesses and develop appropriate reforms while respecting the independence of judges in deciding individual cases.

He says his academic background and professional experience could enable him to contribute to such initiatives if an appropriate opportunity arose.

“As a scholar with a PhD in Public Management, experience in public policy analysis and ongoing legal studies, I would welcome an opportunity to contribute my knowledge and professional experience to such research initiatives,” he writes.

The letter also recommends strengthening public communication about court procedures, service delivery, complaint mechanisms and the progress of judicial reforms.

Prays for wisdom and courage in judicial leadership

In concluding his appeal, Tindyebwa asks the Chief Justice to exercise his responsibilities with wisdom, courage, discernment and humility.

He argues that the Judiciary must remain an institution through which citizens can seek protection when their rights are threatened, their property is disputed or their liberty is at stake.

He says his appeal is intended as constructive engagement rather than an attempt to undermine the Judiciary or prejudge individual cases.

“I make this appeal in the spirit of constructive engagement and national service,” he writes, adding that he hopes principled leadership, institutional cooperation and respect for the rule of law will strengthen the administration of justice for present and future generations.

Tindyebwa signs off with the national motto, “For God and My Country,” expressing hope that the Chief Justice’s leadership will contribute to an independent, accessible and effective Judiciary.

About the author: Dr. Joseph Tindyebwa is a Senior Lecturer, Public Policy Analyst and Bachelor of Laws student, and an Old Boy of St. Mary’s College Rushoroza.

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