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By Andama Moses
In Masindi
www.mknewslink.com—-
A Masindi-based lawyer has dragged the government to court over what he describes as prolonged and unlawful delays in handling criminal cases of inmates who have spent years on remand without trial.
Over 10 inmates have filed a lawsuit against the Director of Public Prosecutions (DPP) and the Attorney General, seeking Shs169.2 billion in compensation. The inmates argue that they have been kept in prison for years due to indefinite delays in their committal proceedings.
The case was presented before Masindi Grade One Magistrate Nyipir Fortunate for mention. The magistrate adjourned the matter to March 3, 2026, for further hearing.
The twelve inmates are facing serious charges, including defilement, aggravated robbery and aggravated trafficking in persons. These offences fall under capital crimes, which are tried by the High Court.
Their lawyer, Mr James Guma of Akugizibwe & Company Advocates, says his clients have been left in what he calls “legal limbo” for between three and seven years.
“After 180 days, as provided under the law, every person charged with a capital offence has the right to statutory bail or must have their case referred to the High Court for dismissal, discharge, or extension of committal proceedings,” Mr Guma told this website at the Masindi Grade One Court.
“My clients have not enjoyed their right to a speedy trial or judgment. Their constitutional rights have been ignored through unending negotiations and committal proceedings,” he added.
In Uganda, suspects charged with capital offences first appear before a Grade One Magistrate for committal proceedings. This process is meant to ensure that investigations are complete and that there is enough evidence before the case is sent to the High Court for full trial.
The law provides that if a suspect spends 180 days on remand without trial in a capital offence, they are entitled to apply for compulsory statutory bail. Alternatively, the case should be referred to the High Court for further orders. The system is designed to prevent suspects from staying in prison for too long without their cases being heard.
However, the inmates argue that this legal safeguard has not worked in their case.
Mr Guma says the continued extension of his clients’ remand violates several provisions of the 1995 Constitution. He cited Articles 20, 23, 28 and 45.
Article 20 guarantees protection of fundamental rights and freedoms. Article 23 protects the right to personal liberty and freedom from unlawful detention. Article 28 provides for the right to a fair and speedy hearing. Article 45 allows citizens to enforce their constitutional rights when they are violated.
“These delays have caused immense mental anguish and frustration,” Mr Guma said. “My clients have spent years in remand, often under harsh prison conditions, without knowing when their cases will be concluded.”
He added that prolonged detention without trial has not only affected the inmates but also their families.
“These are not isolated cases. Families have suffered financially and emotionally while their loved ones remain in custody. Some of these inmates had jobs, businesses and responsibilities, all of which they lost because of the prolonged legal delays,” he explained.
According to court records, some of the inmates have appeared before the Grade One Magistrate dozens of times, only for their cases to be adjourned as investigations continue or as the state seeks more time to prepare committal papers.
Legal experts say the case highlights a wider challenge in Uganda’s justice system.
Mr Guma James, a legal expert, says while the Constitution clearly protects the right to a speedy trial, practical challenges continue to slow down the system.
“The law is very clear about the right to a fair and speedy hearing,” he said. “However, logistical challenges, limited manpower, administrative delays and case backlog in lower courts often prolong committal and trial processes.”
He noted that prisons across the country continue to face congestion partly because many suspects remain on remand for long periods.
Human rights advocates have previously raised concerns about prolonged remand, arguing that justice delayed is justice denied. They say when suspects stay in prison for years without trial, it weakens public confidence in the justice system.
Mr Guma argues that if such delays are left unchecked, they may create distrust between citizens and law enforcement agencies.
“The government must understand that justice delayed is justice denied,” he said. “Our clients want the court to recognise that their rights have been violated and to provide appropriate remedies, including compensation and urgent attention to their cases.”
The inmates are seeking Shs169.2 billion in damages, saying the prolonged detention has caused them personal suffering, loss of income, damage to reputation and emotional distress.
By press time, the office of the DPP and the Attorney General had not yet responded to the claims. Court will resume hearing of the matter on March 3, 2026.
