Micro, small and medium enterprises (MSMEs) play a vital role in the development of the Ugandan economy. MSMEs collectively constitute about 90% of private sector production and employ over 2,5 million people. The results of a recent survey carried out with over 1800 MSMEs in Uganda highlighted that one fifth of MSMEs have not registered, and three quarters do not have a tax identification number (NATHAN, FSD & TNS, 2015 ‘National Small Business Survey of Uganda’). Around a quarter say they do not know how to register, or that it is too complicated to do so. But registration is required in order to trade, expand and receive licenses. Hence, there is a huge opportunity to sensitize and provide these businesses with legal guidance in making their business sustainable. 

The mSMEGarage is a spin off lead by Barefoot Lawyers that provides legal services – in various stages of their development – to micro, small and medium enterprises (MSMEs) in Uganda. Founded by Gerald Abila and Michael Kwizera, the mSMEGarage is aiming to reach over 1000 SMEs in its first 6 months. One thing that makes them innovative, is that they leverage on Africa’s growing social media penetration and use those channels to provide legal support.

Timothy Kakuru is the Garage’s project manager, heading the operations and providing virtual assistance to its registered members through Facebook, WhatAapp and via their website. The website content is constantly being updated with new legal information on business registration, contracting, patenting, licensing, taxation or legal procedures. Users have to register in order to download template legal documents or book an appointment for a face-to-face consultation with a lawyer. In addition, four field executives - business analysts – work full time to approach small business owners at various locations in Kampala to ask about their legal needs and interest in registering for the mSMEGarage. 

One of mSMEGarage’s clients is Tambula. Tambula is a boda-boda-tracking company that launched in 2014 to increase safety and security for Kampala’s thousands of motorcycles – many of which end up in accidents or are violently mugged at night. The founders developed a new software that can track the location of their member-boda’s via geo-tagging and automatically generates reports when accidents occur through a smartphone application. 

It turns out the MSMEGarage was indispensable in making their business grow to a success. As its founder Ivan explains: “The mSMEGarage walked with us all the way through incorporation and the development of designs that could stand patent protection worldwide. With this we have been able to get a Microsoft grant of 25,000 USD and have now reached thousands more bodaboda riders in the country." Apparently, newly developed companies are in particular need of affordable legal advice which seems to be simply missing in Uganda. "A team as intelligent and versatile as at the SME garage is quite difficult to find this side of Africa, that is rooted to the ground and particularly understands the hurdles of new businesses in Uganda.” 

The mSMEGarage won second place during the Innovating Justice Awards 2015, organized by HiiL, with an investment of 20.000USD and access to HiiL’s networks and expert advice. Almost halfway down its validation phase, the Garage managed to set up its online platform, adopt materials to facilitate 295 SMEGarage-registrations in its first weeks, conduct 2 legal seminars to a big audience and provide customized legal information to dozens of its clients. “All the advice, workshops and insights from the HiiL team have been incredibly valuable, and it opened new a new world of opportunities to us” said Michael, Lead Strategy and Product Development, following a week of intensive workshops with HiiL in their office.

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 mSME Garage Flyer

Published: May 21, 2016

The JLOS House Project is a three-in-one Justice, Law and Order Sector (JLOS) infrastructure development project aimed at strengthening good governance principles by enhancing the ability of JLOS institutions to coordinate and offer better services. The project is expected to contribute to enhanced transparency, accountability and ethics in a purpose built office park and civic centre. 

The JLOS House complex is intended to improve the productivity of the public service; facilitate the growth of the private sector through the provision of timely public services; reduce the costs of public administration through integration of services and sharing of common services such as ICT conference facilities and asset/ facilities management. Further, the one-stop centre will introduce modern concepts of office management and incorporate environmental concepts of green and intelligent technology in the design and construction of public buildings. The one-stop centre will free resources in rent and efficiency savings to build a functional justice system in Uganda.

PROJECT SCOPE

The project involves the design, procurement, construction, commissioning and maintenance of 74,000 sq. metres of rentable office space comprising of:–

The JLOS Towers and High Court which shall be located on plot 98-102 Katalima Road in Naguru on 5 acres of land owned by the Justice Law and Order Sector (JLOS) through the Uganda Land Commission. JLOS Towers and High Court will accommodate the headquarters of JLOS institutions including the Ministry of Justice and Constitutional Affairs, Ministry of Internal Affairs, Uganda Human Rights Commission, Uganda Prison Services, URSB, TAT, ULRC, JSC, DPP, JLOS secretariat. The facility will also provide for the Criminal, Anti-Corruption, International Crimes, Civil, Family and Land Divisions of the High Court. The towers shall be green and intelligent buildings which shall serve as a one-stop service centre for JLOS Services.

The Police Headquarters to accommodate all the police directorates at plot 40-96 Katalima Road Naguru Kampala next to the JLOS house complex. The police headquarters shall be a green and intelligent building that will increase police productivity and improve quality of policing services. The Police Headquarters shall be constructed on 5.9 acres of land owned by Uganda Land Commission restricted to Uganda Police Force. The Project site is located in Kampala City 5.2 km East of the centre of Kampala City.

PROJECT BACKGROUND

The JLOS House project was conceived out of the need to provide a one-stop centre for JLOs institutions in recognition of the fact that the different JLOS institutions are scattered over dispersed locations in Kampala. Several of these locations are in parts of the City that are inaccessible, yet the mandates of the institutions are complementary and require close proximity for communication, cooperation and coordination. The institutions are also located in rented premises that are not designed for the provision of JLOS services and are inaccessible to the public.

It is expected that the JLOS House Project will support the efforts to integrate the services provided by the different institutions to create a conducive working environment. The project will also enhance accessibility to JLOS services by the general public, especially the poor and marginalised and enhance the inter-linkages between the services.

The huge cost of renting various premises for JLOS institutions further compounds the challenges that the Sector faces. The annual rental expense for JLOS institutional headquarters stands at USD 8.5 million. Despite this huge cost, there is still inadequate space for staff requirements and limited space for storage. There is also virtually no space to adequately handle clients. It is in light of these challenges that the Sector conceived and approved the JLOs House project in 2005.    

The overall goal of the project is to promote the rule of law through enhanced independence and public trust in JLOS institutions in line with the national vision of transforming Uganda from a peasant to a middle income status by 2040.  

The objective of the project is to provide office accommodation for the JLOS institutions as a one-stop service Centre in order to facilitate and improve service delivery and increase access to JLOS services. Specifically:

a) To provide office accommodation (JLOS Towers) and a purpose built High Court through green and intelligent buildings as a one-stop service centre to facilitate and improve service delivery and increase access to JLOS services.

b) To provide a green and intelligent building that will increase police productivity and improve quality of policing services (Police Headquarters). 

c) To provide for a purpose-built Judiciary headquarters and Appellate Courts that will promote access to judicial services

The project is expected to enhance operational efficiency, promote coordination among JLOS agencies and reduce the high cost of rent and align JLOS infrastructure to business processes while deepening public access to JLOS services.

The Justice, Law and Order Sector through the Public Private Partnership modality has identified an investor to build and operate the JLOS House project structures. Currently negotiations are ongoing between JLOS and the preferred bidder over the project scope and financing aspects. It is expected that these negotiations will be concluded in 2016.

Overall, the JLOS House project has the potential to change the way Government conducts its business and relates with the public. The project stands out to introduce modern concepts of office management, open government, environmental conservation and rationalized use of time, space and other scarce resources, which if properly implemented shall reduce the cost of public administration in the Justice, Law and Order Sector. 

This special report was prepared by the JLOS House Project Coordination Office at the JLOS Secretariat. 

The Hague -- Today, 4 February 2021, Trial Chamber IX of the International Criminal Court ("ICC" or "Court") found Dominic Ongwen guilty for a total of 61 comprising crimes against humanity and war crimes, committed in Northern Uganda between 1 July 2002 and 31 December 2005. The verdict may be appealed by either party to the proceedings within 30 days after the notification of the Judgment.

ICC Trial Chamber IX, composed of Judge Bertram Schmitt, Presiding Judge, Judge Péter Kovács and Judge Raul Cano Pangalangan, analysed the evidence submitted and discussed before it at trial and found, beyond any reasonable doubt, that Mr Ongwen is guilty of the following crimes…

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Published: February 4, 2021

KAMPALA - The Ministry of Justice and Constitutional Affairs has today signed a consultancy contract with M/S Symbion (U) Limited to provide consultancy services for the design, documentation review and supervision of the construction of the JLOS House project. The event held at the Ministry’s office at Baumann House on Parliament Avenue was presided over by the Solicitor General, Mr. Francis Atoke. 

Below are facts and figures from today’s contract signing ceremony:

1. Consultancy contract signed for the design, documentation review and supervision of the construction of the JLOS House office park (located on Plot 98-102, Katalima Road - Naguru) and Uganda Police headquarters (located on Plot 40-96, Katalima Road – Naguru).

2. Contractor: M/S Symbion (U) Limited

3. The Ministry of Justice and Constitutional Affairs to take the lead in implementation of the JLOS House project on behalf of JLOS institutions.

4. Project Beneficiary institutions: Ministry of Justice and Constitutional Affairs, the Judiciary (High Court), Ministry of Internal Affairs, Uganda Registration Services Bureau, Uganda Prisons, Judicial Service Commission, Uganda Law Society, Uganda Human Rights Commission, Uganda Law Reform Commission, Office of the Director of Public Prosecutions, Tax Appeals Tribunal, Centre for Arbitration and Dispute Resolution among others.

5. The project to provide a total of 60,040 square meters (sq.) of office space and parking for over 2,300 vehicles

6. Construction to cost approx. USD $60 million (about Shs. 213.3 billion)

7. JLOS House project to save Government of Uganda a substantial amount of operational funds in rent (currently estimated at USD $6,983,949 annually for about 20,000 square meters).

8. Over the next seven (7) years, the JLOS consumptive expenditure on office space at the current rate is projected at USD $66.5m (for 20,000 sq.) and USD $199.2m (for 60,040 sq.). This is more than the projected cost of construction of the JLOS House.

9. Tender for construction expected to be issued in the 1^st quarter of FY 2021/2022 (between July and September 2021).

Published: June 24 2021 / For more information, email: This email address is being protected from spambots. You need JavaScript enabled to view it.

What Is a Small Claim?

This is a civil claim whose subject matter value does not exceed Ug. Shs. 10,000,000. For example, the small claims procedure (SCP) can be used for matters arising out of the supply of goods, debts and rent.

What Is the Jurisdiction of the SCP Court?

• The small claims procedure claims procedure is applicable to claims not exceeding Ug.shs 10,000,000 in value.
• Every suit shall be instituted in a court in whose jurisdiction the cause of action wholly or in part arises.
• In case of a rental dispute or claim, a small claim is instituted in a court in whose jurisdiction the property is situated or where the defendant resides.

What Matters are excluded from Jurisdiction of The SCP Court?

• Claims exceeding Ug. Shs. 10,000,000.
• Claims against the government.
• Family disputes relating to the management of an estate.
• Contracts of service and contracts for service.
• Suits for defamation, wrongly arrest, wrongful imprisonment, malicious prosecution and seduction.
• Petitions for divorce, nullification of marriage or separation of spouses.
• Claims concerning the validity of a will.
• A claim in which specific performance is sought without an alternative claim for payment of damages, except in the case of a claim for rendering an account or transferring movable property and disputes arising out of tenancy agreements not exceeding Ug Shs 10,000,000 in value.

While Promoting the rights of vulnerable communities through provision of quality human rights based legal aid, legal rights awareness, community outreach, empowerment and advocacy.

Justice Centres are a one-stop-shop legal aid service delivery model that seeks to bridge the gap between the supply and demand sides of justice by providing legal aid services across civil and criminal areas of justice to indigent, marginalized and vulnerable persons, while at the same time empowering individuals and communities to claim their rights and demand for policy and social change.

Justice Centres represent the beginning of fundamental efforts to restructure the provision of legal aid in Uganda and the singular objective of making legal aid easily available and accessible at the right time to the most deserving population and at the right place.

Vision: Vulnerable societies accessing quality legal services and realizing their rights.

Mission: To promote the rights of vulnerable communities through provision of quality human rights based legal aid, legal and rights awareness, community outreach, empowerment and advocacy.

Core Values:
• Professional excellence
• Ethics and Integrity
• Accountability
• Non Discrimination

Core Principles:
(a) Utilize existing resources and avoid duplication of processes.
(b) Link to government structures.
(c) Community participation.
(d) Deliver cost effective and quality services.
(e) Cooperation and linkages with other stakeholders including Civil Society Organizations and private advocates for pro bono services.

Objectives of Justice Centres Uganda
• To enhance awareness of human rights and empower communities to claim their rights.
• To enable vulnerable individuals and communities to effectively resolve disputes using both litigation and Alternative Dispute Resolution (ADR)
• To undertake human rights centred and evidence based advocacy for reform of laws, Policies and Practices.
• To pilot Justice Centres as a model for delivery of legal aid services in Uganda.

Services Offered: Legal Advice, Legal representation, Alternative Dispute Resolution (ADR), Counseling, Legal Awareness, Referrals and a Toll free phone line

Who Qualifies For Services?
For you to qualify for Justice Centres services, you must be one of the most indigent persons in Uganda.

Districts Served by Justice Centres:Lira : Amolatar, Pader, Apac, Kitgum, Oyam, Dokolo, Kaberamaido, and Kotido districts. Tororo: Bukwa, Bududa, Manafwa, Busia, Pallisa, Butaleja, Namutamba, Bugiri, and Iganga districts.

Contact
Justice Centres Uganda.
National Coordination office.
Chambers F6 and F8 High Court Building, Kampala.
P. O. Box 26365 Kampala
Tel: Office: 256 759500440/1
Toll free line 080 010 0210

Email: info[at]justicecentres.go.ug
Website: www.justicecentres.go.ug

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Justice Centres Tororo
Tororo Chief Magistrate’s Court
Uhuru Road, Tororo
Tel: 0759 500443
Toll free line 080 010 0211

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Justice Centres Lira
Lira Chief Magistrates Court
Toll Free line : 080 010 0212

They say justice delayed is justice denied and this was being experienced by victims of sexual and gender-based violence (SGBV). To address the issue, the Government through the Justice, Law and Order Sector (JLOS) with the support of the UNFPA recently carried out special court sessions with the objective of fast-tracking the disposal of SGBV cases and improving the experience of the victims in the justice system in the pilot high courts of Mbale, Soroti, Moroto, Gulu, Mbarara, Bushenyi, Mukono, Criminal Division Kampala and Masaka and Chief Magistrate courts of Nabweru, Sironko, Kapchorwa, Lira and Iganga.  

The sessions were targeted at improving the experience of survivors/victims of SGBV as they interface with the criminal justice system through emphasis on victim-centred and gender-sensitive approach; promotion of a coordinated and integrated approach among the role-players in the chain of justice; and strengthening of the investigation, prosecution and adjudication functions in the management of sexual offences.

As a landmark success, the special pilot session saw the disposal of 50 SGBV cases per court in one month from November 12 to December 15, 2018.  Overall, the objective of the pilot was met with unprecedented success leading to the disposal of over 788 cases against the target of 650 cases.

DOWNLOAD SGBV REPORT CARD

Editor's note: The SGBV Pilot project report card was published in the May 23- June 24 2019 Edition of The Public Lens Newspaper (p. 6-7).

The current chain of criminal justice system shows how sex related offenses are the mostly committed cases with defilement being the most committed sexual crime.

This means that if the concerned investigation and prosecuting government agencies don’t stand to this cause, the girl child is at a very high risk being defiled and dropping out school and worse contract the deadly HIV/Aids virus.

For starters sexual violence is any act which violates the autonomy and bodily integrity of women and children under the international criminal law including but not limited to; rape, sexual assault, grievous bodily harm, mutilation of female reproductive organs.

Talking statistics, the 2015 prison statistics showed that there were 4023 prisoners on remand and 2803 were convicts of sexual violence related cases. Further, the 2015 performance statistics of the Directorate of Public Prosecutions also showed that the total number of defilement cases (one example of sexual violence against girls) handled that year was 26,900 with 8,176 of these being newly registered cases.

Statistics also show that 7 out of every 10 women in Uganda have at one time gone through sexual violence, which is an alarming statistic.

The police annual report findings of 2014 also indicate that there is a rising trend of gender based sexual violence.

The report findings indicate that defilement continued to lead in sex related crimes in 2014 as a total of 12,077 cases were reported and investigated compared to 9,598 cases in 2013, thus giving an increase of 25.8 %.

Out of the reported defilement cases about half of them (5,015) were taken to court, out of which 432 cases secured convictions, 42 cases were acquitted, 290 cases were dismissed and 4,251 cases were still pending in court.

Turning to rape, the same report showed that several women continue being raped with 1,099 cases being reported in 2014 compared to 1,042 in 2013 hence an increase by 5.4%

East Kyoga region registered the highest number with 166 cases according to the report that was followed by Greater Masaka (79 cases), Rwizi & Aswa registered 67 cases each, Kampala Metropolitan Police North as well as Rwenzori registered 56 cases each, KMP East registered 55 cases and KMP South with 54 cases among others.

Steps taken by JLOS institutions to salvage this situation

Despite the above alarming statistics, all is not lost as several institutions under the Justice Law and Order Sector (JLOS) are making big strides aimed at changing the aforementioned statistics.

Further, Uganda has a strong legislative and policy framework that supports elimination of gender based violence.

Some of these pieces of legislation include; the Domestic Violence Act 2010 and the Domestic Violence Regulations 2011, the Prohibition of Female Genital Mutilation Act 2010 and its Regulations 2011, the Prevention of Trafficking in Persons Act 2009, and the Penal Code Act, Cap 120.

The Judiciary

Mr Andrew Khaukha, the technical advisor of the Judiciary explains that at the moment, the Judiciary is in partnership with donors like Unicef that has resulted into the launch of ‘audio-visual link’ technology aimed at giving evidence by witnesses who are not physically in court.

With the launch of the audio-visual link technology, Mr Khaukha is optimistic that victims will eventually get justice as they will now freely testify against their perpetrators without being intimidated. 

“With the introduction of the audio- visual link system, the victims of sexual violence will be sitting in totally separate rooms from the main courtrooms and give evidence against their perpetrators without being intimidated”. Mr Khaukha explains.

“This kind of sitting arrangement is intended to give them (victims) confidence to give their evidence against their tormentors without any fear...” The technical advisor adds Plea bargaining program whereby a suspect enters into negotiations with the prosecution to accept their offense in exchange of a lighter sentence or lesser charges, has been another strategy that the Judiciary is using to fast track the hearing of cases that are sexual in nature, says Mr Khaukha.

Under this program, Mr Khaukha says that the victim’s voice is heard in the victim impact statement whereby some of them ask for compensation in form of damages and the perpetrator is able to make good of what went wrong.

He gave an example of the criminal session at the time that saw Justice Wilson Musene agree to the proposal by the victims to have their perpetrators compensate them in monetary terms that they used to treat themselves when they were sexually attacked.

According to technical advisor, this is intended to give the victim/s a voice emotionally, financially, physically and that sometimes, the voice of the community is also heard.

The Office of the Director of Public Prosecutions

Regarding the steps that the DPP is employing to curb the sexual related offense, Ms Kyomuhangi explains that the Directorate in order to get conversant with children’s affairs, they have continuously organized trainings for the prosecutors to acclimatize themselves with child friendly skills that will help them when they come into contact with them.

She adds that one of the strategies that the Directorate has come up with to ease the handling of sexual related cases is a strategy called the ‘prosecutor-guided investigations’.

In explaining this strategy, Ms Komuhangi says it involves the prosecutors working closely with the police investigating the cases so that no vital evidence is left out, a move that is aimed at securing convictions against perpetrators of sexual violence.

She laments that as prosecutors, they have lost quite a number of cases due to poor and shoddy investigations done by the police and this strategy is aimed at curbing such.

The other strategy that the office of the DPP has employed is the "witness-centered" approach strategy in which a sexual violence victim has a choice to testify against their tormentors either in open courtroom so as to shame them or testify against them in a separate room, different from the suspect.

She suggests that it’s necessary as prosecutors to meet the victims of sexual violence to create a rapport with them before their case can be heard so that they can freely express themselves and narrate to court what exactly happened to them.

Ministry of Gender 

Ms Maggie Kyomukama, an official at the ministry says that interventions have been put in place to address challenges that come alongside gender based sexual violence cases but in specific, sexual related cases. 

She says there is a light at the end of the tunnel on grounds that a number of mechanisms have been put in place like forming a forum to strengthen the coordination of gender based violence and response mechanisms through a multi sectoral approach.

Further, Ms Kyomukama reveals that the ministry has established a child Help-Line which is toll free (116) that the children can call and report violence and related issues committed against them and can be helped.

She also states that the ministry has in collaboration with district local governments and CSO partners, supported and established seven gender based violence advisory centers and shelters in the districts of Gulu, Kamuli, Masaka, Lira, Namutumba and Moroto.

By Anthony Wesaka / Posted: January 18, 2019  (This article was originally published in the JLOS SIP III Magazine Edition)