KAMPALA– Judges of the Criminal Division of the High Court on Thursday 7th August 2025, held a consultative meeting with State Brief Lawyers attached to the Division to deliberate on the implementation of the Judicature (Legal Representation at the Expense of the State) Rules, 2022.
The meeting, chaired by Justice David Matovu, Head of the Criminal Division, aimed to foster open dialogue regarding the application of the State Brief framework, particularly on payment arrangements and the practical challenges surrounding its execution.
In his opening remarks, Justice Matovu emphasized the importance of open communication between the bench and the State Brief Advocates. He noted that the objective of the meeting was to listen to each other’s perspectives and ensure that the payment process is fair, transparent, and compliant with financial accountability standards. He stressed the need to avoid payment practices that could result in audit queries or disrupt the ongoing Daily Hearings Project.
Justice Matovu acknowledged the concerns raised about the perceived inadequacy of the payments given the volume of work undertaken in some cases. He, however, clarified that payments are made in accordance with the intensity and nature of the work done, rather than the number of appearances or the duration of the case. He encouraged advocates to be objective and constructive in their feedback to support a more efficient and credible implementation of the Rules.
During the engagement, several Advocates expressed concern over the fixed-payment arrangement, noting that compensation per case, regardless of the time and number of court appearances, does not equitably reflect the work invested—particularly in protracted matters. They called for more flexibility in payment procedures and better alignment with the effort required to conclude cases.
As a way forward, it was proposed that the Criminal Division updates its current list of State Brief Lawyers to ease identification and ensure only those who are willing and available are assigned cases. It was further agreed that the existing payment structure, where compensation is made per concluded file, would be maintained. Advocates were encouraged to file their reports and bills with the Deputy Registrar, who would engage the trial judge where necessary to assess and resolve any queries.
The meeting was attended by several Judges of the Division, including Justice Emmanuel Baguma, Deputy Head of Division, Justice Alex Ajiji Mackay, Justice Isah Serunkuma, Justice Isaac Muwata, and Lady Justice Rosette Comfort Kania. Also in attendance were HW Samuel Twakyire, Deputy Registrar of the Criminal Division, along with Research Magistrates and the State Brief Advocates attached to the respective Judges.
The Rules under discussion, formally titled the Judicature (Legal Representation at the Expense of the State) Rules, 2022, provide a clear framework for the provision of legal representation to indigent persons facing serious criminal charges. They establish a Roll of State-Appointed Advocates and set out procedures for appointment, conduct, and remuneration. The Rules aim to ensure that justice is accessible to all by guaranteeing representation for accused persons who cannot afford a lawyer, thus upholding the constitutional right to a fair trial
