Two Early Surveys of Native Courts in Uganda

Abstract

The Entebbe Secretariat archives contain two interesting sets of reports on native courts compiled by district officers at the request of the Government in 1909 and 1926 respectively. The interest of the 1909 reports lies principally in the high degree of development and formalisation of the courts in the kingdoms of Buganda, Ankole and Toro, which they reveal at this early stage in the administration of the Protectorate. The Agreements of 1900 and 1901 with Buganda, Toro and Ankole had implicitly recognised the existence and jurisdiction of the indigenous courts of these kingdoms. The Buganda Agreement stated that the Kabaka should exercise direct rule over the natives of Buganda administering justice through the Lukiko and his officials. No limitation was placed on the jurisdiction of the Kabaka's courts over Buganda save in so far as appeal lay to the High Court where sentences of more than five years’ imprisonment or a fine of over £100 were imposed, whilst if other sentences were imposed, which seemed to the Commissioner to be disproportionate or “inconsistent with humane principles”, he had the right of remonstrance with the Kabaka who would then have to reconsider the sentence. Moreover, the death sentence could not be carried out without the sanction of the Commissioner. Under the Ankole and Toro Agreements “justice as between natives of the district” was to be administered by the county chiefs with appeal to the Ruler's court and a further appeal in serious cases to the officer administering the district.