Retired Ugandan Judge Discusses Digital Democracy, Access to Justice

By Fredrick Egonda-Ntende, 17 th September 2026 I thank you for the invitation to me to be your chief guest at the opening of this Digital Transformation Festival. I am humbled to be invited. Who am I to be considered worthy? Just a retired a judge finding his way in this new season of life! I would like to briefly discuss how appropriate your theme is to the current times we are going through. The last 30 years have seen a revolutionary change that probably has little comparison with previous changes that included the ability to light a fire, the discovery of the steam engine and then the discovery of electricity. The evolving combination of information and communication technologies have changed and continue to change the way we work, play, and relate to each other and the world. Nevertheless the values we hold dear anchored in the dignity of the person and human life continue to be sacred. You will recall that among the objectives of the ULS are under the Uganda Law Society Act are : 3 (c) to represent, protect and assist members of the legal profession in Uganda as regards conditions of practice and otherwise; 3 (d) to protect and assist the public in Uganda in all matters touching, ancillary or incidental to the law; You are under a duty to protect and assist the public in Uganda in all matters touching, ancillary or incidental to the law. This is a very wide-ranging obligation. Torture under International Law and Municipal Law You will recall that about a decade or so ago, Nalufenya Police Station had become infamous with wide ranging allegations of torture of people that fell in the hands of those running the same. It became so infamous and notorious that at some point when there was a change in the Police Leadership one of the first acts that the new leadership undertook was to terminate the hold that the infamous unit had on Nalufenya police station. There was a huge sigh of relief from the public. However, I am not too sure that there was accountability for the acts perpetrated at that the police station. It is possible that there are people who were convicted in courts of law because of the forcible extraction of confession statements. This was not the first time in our history as nation that we had such a dark and unfortunate period in the life of our nation and our people. There were the infamous Nakasero dungeons in the Idi Amin regime. Nor probably will it be the last. As the ULS you are under a statutory obligation to protect the public in all matters related to the law. There is no question about this duty. I would like to suggest that you explore opportunities that can assist you to meet your obligations in this regard. No doubt you are aware of the existence of the treaty that set up the International Criminal Court. One of the conferences related to this court was held in Uganda and Uganda was an active participant in the finalisation of the treaties that led to its set up. These treaties have been domesticated in Uganda. One aspect of the same is the concurrent jurisdiction of the court and municipal authorities in respect of certain crimes. As you no doubt know it is the responsibility of states to protect its people using the law. Criminal Law was ordinarily a matter of national jurisdiction but this changed with the emergence of both international criminal law and jurisdiction. States bear the primary responsibility of enforcing criminal law. However, in respect of some crimes, where states are unable or unwilling to do so, it is open to the international community to do so. In this regard the International Criminal Court will then have jurisdiction to investigate, prosecute and render judgment, in such matters. Torture is one such crime that is an offence both under international criminal law and our own law. Have the victims of torture at Nalufenya Police Station or other places in Uganda received Justice? I am not aware. Was action undertaken by the responsible municipal or national authorities to pr