How Can a Modern Judiciary Lose a Court File?

By Bakampa Brian Baryaguma

bakampasenior@gmail.com; www.huntedthinker.blogspot.ug

The Judiciary of Uganda says, on its website, that “The Judiciary's Mission is "To Administer Justice to all people in Uganda in an Independent, Impartial, Accountable, Effective and Efficient manner." The website states further that, “The Judiciary's Vision is "An Excellent Judiciary that Delivers Justice for All." All emphases are in the original.

The Logo of Uganda's Judiciary

A combined reading of the Judiciary’s mission and vision reveals that the judicial organ aspires to be (or better still, is) a modern institution of Government that excels at effectiveness and efficiency. No doubt, a noble endeavor. So, when one faces a situation where one’s court file gets lost or is misplaced (nomenclature doesn’t matter here since the effect is materially the same), then one can’t help but wonder and ask how a modern judiciary can lose a court file! This is the situation I am in now; and it arose as follows.

On Friday, 23^rd April, 2021, I filed a suit – Miscellaneous Cause No. 129 of 2021, Bakampa Brian Baryaguma v. Attorney General – in the civil division of the High Court of Uganda, at Kampala. On Friday, 14^th May, 2021, I was told that my case had been allocated to Justice Esther Nambayo and was instructed to follow it up with the clerk in her chambers. On that very day, I went to the Judge’s chambers and found there her staff, including a clerk whom I later learnt is called Nakacwa Jennifer (sic). I introduced myself to her, stated my purpose of coming and inquired if she received my case file. She checked on her computer and confirmed that indeed the file was allocated to Justice Nambayo. She said that she hadn’t yet picked the file from the registry, but that she would get it later in the day and contact me as soon as she finds it. In the meantime, she advised me to follow up on the matter in the coming week, via her WhatsApp number (which she gave to me), in case she forgot to get back to me. I thanked her and left. On Tuesday, 1^st June, 2021, I went back to court to find out how far my matter was. Ms. Nakacwa showed me my file (it was white in color), but told me that it hadn’t yet been signed by the registrar. So, she promised to have it signed that day and inform me so that I serve the opposite party – the Attorney General. I thanked her, left the chambers and waited for updates. On Wednesday, 2^nd June, 2021, I sent her a WhatsApp message inquiring whether the registrar signed the documents on file. She said she wasn’t in chambers and advised me to go to chambers and follow up the matter with her colleague, whom she identified as Evelyn. On or about Thursday, 10^th June, 2021, I went back to court, confident that my file was already signed by the registrar, ready for service on Attorney General and for me to get my personal copies. I found Ms. Evelyn in chambers and said to her that Ms. Nakacwa told me to follow up my file with her (Evelyn). To my dismay, Ms. Evelyn looked for the file in all chamber cabinets and drawers but couldn’t find it. Ms. Evelyn advised me to contact Ms. Nakacwa again in order to find out where my case file is. But on that day, I also learnt that all court clerks would be away attending something like a training workshop that would last for about one week. Therefore, I didn’t bother contacting Ms. Nakacwa immediately since I was aware that she wouldn’t be available at work, anyway. Then, soon after that, we went into a 42 days national lockdown due to a surge in Covid-19 infections, which lockdown was lifted on Friday, 30^th July, 2021. On Tuesday, 3^rd August, 2021, I sent Ms. Nakacwa a WhatsApp message reminding her about my case file, how it was missing before lockdown and requested her to find it so that it may be signed by the registrar, ready for service on the respondent, Attorney General. She didn’t respond to this message. On Thursday, 12^th August, 2021, I went to court to check on the progress of my file. I found both ladies, Nakacwa and Evelyn, in chambers. I talked to Ms. Nakacwa, who looked for the file briefly, but couldn’t find it. I informed her that even Ms. Evelyn failed to find it before lockdown. Ms. Nakacwa promised to look for it the next day (Friday) and advised me to check with her via WhatsApp at 10:00 a.m. In the meantime, she fixed my matter for hearing on Tuesday, 11^th January, 2022, at 10:00 a.m. The next day (Friday, 13^th August, 2021), I sent her a WhatsApp message, at 10:15 a.m., asking whether she found the file. At 10:44 a.m., she responded briefly saying that, “Not yet.”

Hence, as at the time of publishing this write-up, (in the morning of Monday, 16^th August, 2021), I take it that for all intents and purposes, my court file is lost, since Ms. Nakacwa has not yet found it. As can be seen therefore, the question, How Can a Modern Judiciary Lose a Court File?, is quite a pertinent one, because losing court files militates against efficiency and effectiveness that our Judiciary aspires to in performing its duties. Nothing can be done without court files. They should be traced and accounted for at all times. For instance, although my matter was fixed for hearing early next year (I was told the first to be entertained by Justice Nambayo when that time comes), I am sure the hearing won’t take place because the file to be processed won’t be available, since a judge cannot conduct a hearing without documents to refer to. In this day and age – the 21^st century – of hi-tech information and communication systems, lapses like files getting lost should not be tolerated at all. We must feel embarrassed by such trivialities and make a commitment to eradicate them.

At this pace, I am also worried about my other matter – Miscellaneous Cause No. 428 of 2019, Bakampa Brian Baryaguma v. Law Development Centre – which has been pending ruling before Justice Elubu Michael since Monday, 14^th December, 2020, when all the submissions were filed. I ask myself: what if its file is also lost, considering that verdict in the case is long overdue? Moreover, the Judge was even transferred to head another division of the High Court. I know judges, registrars and magistrates in Uganda are overwhelmed by cases and I sympathize with them and the system that administers them. Nevertheless, the concern remains, that if one file can get lost, then another can get lost too; especially when one is up against so mischievous a group of people like those at the Law Development Centre. The Judiciary is their tuff – a home ground – where they are well connected with many friends and loyalists, and so able to do terrible harm that is characteristic of them.

Anyway, back to my current suit – Miscellaneous Cause No. 129 of 2021, Bakampa Brian Baryaguma v. Attorney General: I urge Ms. Nakacwa Jennifer and her colleagues at court to find this file urgently so that its preliminaries proceed normally, pending hearing.