In Uganda, all courts derive their power from the people and shall be exercised by the courts

established under the constitution in the name of the people and in conformity with law and with
the values, norms and aspirations of the people.1
A court is a permanently organized body, with independent judicial powers defined by law,
meeting at a time and place fixed by law for the judicial public administration of justice.A court
is also a governmental body consisting of one or more judges who sit to adjudicate disputes and
administer justice.2
The judicial power of Uganda shall be exercised by the courts of judicature which shall consist
of –
The Supreme Court of Uganda
The Court of Appeal of Uganda
The High Court of Uganda and
Such subordinate courts as Parliament may by law establish, including qadhis courts for
marriage, divorce, inheritance of property and guardianship as maybe prescribed by parliament. 3
Under the subordinate courts are the following hierarchy of courts;
Chief Magistrate
Magistrate Grade I
Magistrate Grade II4
In spite of all courts above, jurisdiction is specifically granted to each court by law.
The Supreme Court of Uganda, the Court of Appeal of Uganda and the High Court of Uganda
have been created by the Constitution, and their jurisdiction and powers including those in
respect of criminal matters are well defined in the Constitution and can be analyzed in this article
as well.
In addition, the Judicature Act and Criminal Procedure Code make provision of appeal to Court
of Appeal and Supreme Court under certain circumstances.
However Magistrates Courts Act makes provision for the nature of civil suits that are to be
instituted in respect of a subject matter in accordance with the grade of magistrate.
The powers and jurisdiction of a magistrate shall be determined by the grade of his or her
appointment and the powers and jurisdiction conferred upon that grade by this Act and by any
5
written law for the time being in force.

1
Article 126 of the Constitution of the Republic of Uganda 1995, as amended
2
Black’s Law Dictionary 8th edition 2004 at page 1068
3
Article 129 of the Constitution of the Republic of Uganda 1995, as amended
4
Section 4 of the Magistrates Courts Act CAP 16
5
Section 4(3) Magistrates Courts Act CAP 16
THE SUPREME COURT OF UGANDA
This is specifically provided for under article 130 of the Constitution of the Republic of Uganda
1995, as amended. It is the most High Court in hierarchy since it is the superior court of record in
Uganda.6
Composition of the Supreme Court of Uganda.
The Supreme Court is headed by the Chief Justice and the Chief Justice is also responsible for
the administration and supervision of all courts in Uganda7
The Supreme Court also consists of ten justices of the Supreme Court.8
The Chief Justice takes precedence over all justices of the Supreme Court and the justices of the
Court of Appeal and judges of the High Court.9
The chief Justice presides at each sitting of the Supreme Court, and in the absence of the Chief
Justice, the most senior member of the court as constituted shall preside.
A person is qualified for appointment as the Chief Justice of the Supreme Court of Uganda if he
or she has practiced as an advocate for a period not less than twenty years before a court having
unlimited jurisdiction in civil and criminal matters. 10Currently the Chief Justice of the Supreme
Court of Uganda is Honorable Justice Alfonse Chigamoy Owiny Dollo.
The Supreme Court is duly constituted at any sitting when it consists of an uneven number not
being less than five members of the court.
The Supreme Court consists of seven members when hearing appeals from the decisions of the
Court of Appeal11
The Supreme Court shall consist of either nine or eleven justices when dealing with a
presidential petition.
The number of justices of the Supreme Court should always be odd at any sitting to avoid the
court from being equally divided when it comes to making a dissenting judgment.
Jurisdiction of the Supreme Court of Uganda.
The Supreme Court is the final court of appeal and this means that it has appellant Jurisdiction.
Any party aggrieved by the decisions of the Court of Appeal Constitutional Court may appeal to
the Supreme Court.12

6
Article 132(4) ibid
7
Article 133(1)ibid
8
Section 3(b) of the Judicature Act CAP 13
9
Section 2(a) of the Judicature Act CAP 13
10
Article 143(a)
11
Article 131(2) ibid
12
Article 132 ibid
In criminal matters especially in the case of an offence punishable by a sentence of death, the
accused may appeal as of right to the Supreme Court on a matter of law or mixed law and fact or
the Director of Public Prosecutions may appeal as of right to the Supreme Court for a declaratory
judgment on a matter of great public importance or mixed law and fact.13
In civil matters, an appeal shall lie to the Supreme Court where the Court of Appeal confirms,
varies or reverses a judgment or order given by the High Court.14
For the purposes of hearing and determining an appeal, the Supreme Court shall have all the
powers, authority and jurisdiction vested under any written law in the court from the exercise of
the original jurisdiction of which the appeal originally emanated.15This means that the Supreme
Court has both Original and appellant jurisdiction.
The Supreme Court is a court of first instance and original jurisdiction when dealing with a
presidential election petition.
THE COURT OF APPEAL OF UGANDA.
The Court of Appeal of Uganda is specifically provided for in the Constitution of the republic of
Uganda 1995, as amended under articles 134 and 135. The Court of Appeal also sits as a
constitutional Court under article 137 of the same constitution.
Composition of the Court of Appeal.
The Court of Appeal is headed by the Deputy Chief Justice and such number of Justices of
Appeal not less than seven as Parliament may by law prescribe.16 The Court of Appeal consists
of fourteen justices of Appeal.17
The deputy Chief Justice presides at each sitting of the Court of Appeal and in his/her absence
the most senior member of the court as constituted shall preside.18 The deputy Chief Justice takes
precedence immediately after the Chief Justice 19 and where the office of the Chief Justice is
vacant of the Chief Justice is unable to execute his duties for any reason, those duties shall be
performed by the Deputy Chief Justice.20
For one to be appointed as the Deputy Chief Justice, he or she should have served as a justice of
the Supreme Court or as a justice of the Court of Appeal or a court having similar jurisdiction to
such a court or has practiced as an advocate for a period not less than fifteen years before a court
having unlimited jurisdiction in both civil and criminal matters.21 The current Deputy Chief
Justice of Uganda is Honorable Justice Richard Buteera.

13
Section 5 of the Judicature Act CAP 13
14
Section 6 Judicature Act CAP 13
15
Section 7 Supra
16
Article 134 Constitution
17
Section 9(b) Judicature Act CAP 13
18
Article 135(2)
19
Section 2(a) Judicature Act
20
Article 133 (3)
21
Article 143(b)
When dealing with an appeal from the High Court, the Court of Appeal consists of three –
[[justices of Appeal.22
When the Court of appeal is sitting as a Constitutional Court the bench shall consist of five
justices of Appeal.23
The Chief Justice, in consultation with the Deputy Chief Justice, may create divisions of the
Court of Appeal as the Chief justice may consider necessary.24
Jurisdiction of the Court of Appeal
An appeal lies to the Court of Appeal from decisions of the High Court prescribed by law.25
The Court of Appeal is a court of first instance when dealing with a constitutional petition that is;
Questions as to the interpretation of the constitution shall be determined by the Court of Appeal
sitting as the constitutional court.26
The Court of Appeal may proceed to hear and determine a petition as soon as possible and may
for that purpose suspend any other matter pending before it. 27
For the purposes of hearing and determining an appeal, the Court of Appeal shall have all the
powers, authority and jurisdiction vested under any written law in the court from the exercise of
the original jurisdiction of which the appeal originally emanated.28
This means that the Court of Appeal has both appellant and original jurisdiction.
HIGH COURT OF UGANDA
This is specifically provided for under article 138 of the Constitution of the Republic of Uganda.
It is the third most High Court in hierarchy of the Ugandan courts.
Composition of the High Court of Uganda
The High Court is headed by the principle judge29and consists of twenty five judges of the High
Court or such higher number of judges of the High Court as may be prescribed by Parliament by
resolution.30
The Principal Judge takes precedence immediately after the Deputy Chief Justice 31and shall in
that capacity assist the Chief Justice in the administration of the High Court and subordinate

22
Article 135(1)
23
Article 137 (2)
24
Article 135(3)
25
Article 134(2) constitution and section 10 of the Judicature Act
26
Article 137 (1)
27
Article 137(7)
28
Section 11 of the Judicature Act CAP 13
29
Article 138(1a)
30
Section 13(b) Judicature Act CAP 13
31
Section 2(a) supra
courts and perform such other functions as maybe delegated or assigned to him or her by the
Chief Justice.32
For one to be appointed as a Principal Judge, he or she must have served as a justice of the
Supreme Court or as a justice of the Court of Appeal or as a judge of the High Court or a court of
similar jurisdiction to such Courts or must have practiced as an advocate for a period not less
than fifteen years before a court having unlimited Jurisdiction in civil and Criminal matters. The
Current Principal Judge of Uganda is Honorable Flavia Zeija.
At all sittings, the High Court Bench consists of one Judge at the bench but where the High
Court is dealing with an appeal from the disciplinary committee of the Law Council, the bench
consists of three judges of High Court.
Jurisdiction of the High Court of Uganda
The High Court of Uganda has unlimited original jurisdiction in all matters and appellant or
other jurisdiction.33 The High Court has a right to hear and determine appeals which lie to it by
virtue of any enactment from decisions of magistrate courts in the exercise of their original or
appellate jurisdiction.34 The Highcourt hears appeals from decisions of the chief magistrate and
magistrate grade I.35
The High Court exercises powers of supervision over magistrate courts. 36
The High Court is divided into divisions and circuits for the trial of civil and criminal cases and
for the disposal of other legal business, and there size and number depends on the needs of the
administration and society at a given period of time as the Chief Justice may in Consultation with
the Principal Judge appoint.37
Examples of such High Court divisions include;
High Court Commercial Division, High Court Criminal Division, High Court Civil Division,
High Court Family Division, High Court Land Division, and the International Crimes Division.
The high Court has jurisdiction to try any offence under any written law and may pass any
sentence authorised by law. EXCEPT, that no criminal case can be brought under the cognisance
of the High court for trial unless the accused person has been committed for trial to the highcourt
in accordance with the Magistrates Courts Act. 38
The High Court may pass any lawful sentence combining any of the sentences which it is
authorised by law to pass.39

32
Article 141 (1)
33
Article 139 (1)
34
Section 16(1) Judicature Act
35
Section 204(1)of the Magistrates Courts Act CAP 16
36
Section 17 supra
37
Article 138 (2) and section 19(1) Judicature Act
38
Section 1 of the Trial and Indictment Act Cap 23
39
Section 2 of the Trial and Indictment Act CAP23
SURBODINATE COURTS.
Article 129(d) of the constitution reads that such subordinate courts as Parliament may by law
Prescribe;
These subordinate courts include among others Magistrates Courts, Family and Children Court,
General Court Martial, International Criminal Court, Qadhis Court, Local Council Courts, and
Small Claims Courts
Magistrates Courts
These are established in such places in each magisterial area as the minister may after
consultation with the Chief Justice, by statutory Instrument designate Magistrate Courts to be
known as Magistrate’s Court for the area in respect of which it has Jurisdiction.40
Magistrates shall be of the following grades:41
Chief Magistrate
Magistrate Grade I
Magistrate Grade II
However, Magistrate grade II was abolished by the Magistrate’s Court Amendment Act 200742
Chief Magistrate
A Chief Magistrate may try an offence other than an offence in respect of which the maximum
penalty is death. 43
The Jurisdiction extends to attempts, aiding and abetting, incitement and conspiracies.
Chief Magistrates have power to pass any sentence authorized by law 44this means that he/she
can pass a maximum sentence authorized of imprisonment for life.
In civil matters, a Chief Magistrate shall have jurisdiction where the value of the subject matter
in dispute does not exceed fifty million shillings and shall have unlimited jurisdiction in disputes
relating to conversion, damage to property or trespass.45
A Chief magistrate can hear appeals from decisions of magistrates grade II and Magistrates
Grade I 46and in addition has supervisory power over all magistrates within the area of his/her
local jurisdiction.47
Family and Children Court
40
Section 3 of the Magistrates Courts Act Cap 16
41
Section 4 ibid
42
Section 1 of the Act 7 of 2007 assented to on 17 August 2007
43
Section 161 Magistrates Courts Act CAP 16
44
Section 162 ibid
45
Section 207 ibid
46
Section 204 Magistrates Courts Act
47
Section 3 ibid
A family and children court shall have jurisdiction to hear and determine all criminal charges
against a child except:
(a) Any offence punishable by death;
(b) Any offence for which a child is jointly charged with a person over 18 years48.
General Court Martial
There is a General Court Martial for the defense forces, which shall be consist of;49
(a) A chairperson who shall not be below the rank of Lieutenant Colonel;
(b) Two senior officers;
(c) Two junior officers;
(d) A Political commissar; and
(e) One non-commissioned officer,
All of whom shall be appointed by the High Command for a period of one year.
The General Court Martial shall have unlimited jurisdiction under the Act and shall hear and
determine all appeals referred to it from decisions of the Divisions Courts Martial and Unit
Disciplinary Committees.50
In conclusion therefore, all the Courts of Uganda are provided for in the Constitution and other
laws as maybe prescribed by Parliament or Statutory instrument. The Supreme Court is the
highest Court in the hierarchy of Ugandan Courts while the subordinate courts are the lowest in
hierarchy as can be analyzed above.

48
Section 93 of the Children’s Act
49
SECTION 197(1) of the Uganda People’s Defence Force Act, 2005, Act 7 of 2005
50
Section 197 (2) ibid
Bibliography
Constitution of the Republic of Uganda 1995, as amended

Judicature Act CAP 13

Magistrates Courts Act CAP 16

Trial and Indictments Act CAP 23

Children’s Act CAP 59

Black’s Law Dictionary 8th edition 2005

Magistrates Courts Amendment Act 2007

Uganda People’s Defence Force Act, Act 7 of 2005