Judiciary threatens court closures over unpaid rent

The Secretary to the Judiciary, Pius Bigirimana, has threatened to instruct landlords to close court buildings due to the Ministry of Finance’s continued failure to provide funds for rent payments.

He revealed that, at times, he is forced to divert funds meant for other Judiciary activities to settle rental arrears.

Bigirimana made the remarks while appearing before Parliament’s Public Accounts Committee (PAC) on February 26, 2025. The Judiciary had been summoned to respond to concerns in the 2024 Auditor General’s report, which indicated that UGX 790 million had been spent on rent arrears despite not being budgeted for.

“The alternative is to close offices and get the judges out. I am not going to offend the law; I am going to close the offices. And there are implications for that—cases will not move forward,” Bigirimana stated. “It isn’t a threat. I will tell the landlords to close the offices, and I will do it from here if MPs insist I am offending the law.”

Some MPs, unfamiliar with Bigirimana’s tone, accused him of using “unparliamentary language.” However, Sarah Opendi (Tororo DWR) defended him, arguing that officials should be allowed to express the challenges they face.

“I think we should allow people to express themselves. I see no harm in the Accounting Officer telling us about his challenges. If he is ready to go to Luzira for ensuring the Judiciary runs smoothly, let him speak freely,” Opendi said.

Bigirimana later asked the Committee to tolerate his choice of words, admitting that he was not familiar with parliamentary decorum.

“I request MPs to pardon me on the language. Parliamentary language—I don’t know it. So, excuse me if I sound like a stranger here,” he remarked.

His frustration stemmed from a query by PAC Chairperson Muwanga Kivumbi, who demanded an explanation for the UGX 790 million spent on rent without prior budget allocation. Muwanga argued that such expenditures, without Treasury authorization, amounted to a mischarge.

Stephen Naigo Emitu, the Judiciary’s Assistant Commissioner for Finance and Accounts, attributed the arrears to high rental costs and the maintenance of a large fleet of vehicles necessary for judicial operations, including land inspections and court construction projects.

“The Judiciary operates several courts in rented premises. Despite these high operational costs, the projected UGX 800 billion funding for 2025/26 has not yet been met, leading to continued arrears. Management is actively engaging the Ministry of Finance for the necessary funds,” Emitu explained.

However, Muwanga dismissed this justification, calling it “academic” and unrelated to the Auditor General’s concerns.

“The rest of this explanation is just literature; it doesn’t address the query,” he said.

Gorrethe Namugga (Mawokota South) echoed Muwanga’s concerns, highlighting that Judiciary arrears had reached UGX 13.37 billion.

“This shows the Judiciary is committing the government to expenses without budget allocations. The Auditor General was clear that the law was not observed,” Namugga stated.

In response, the Judiciary presented documentary evidence showing that it had written to the Ministry of Finance seeking authorization to reallocate funds for rent payments. However, upon reviewing the documents, Muwanga pointed out that there was no response from the Ministry of Finance.

“If I write to you and you don’t respond, I am simply telling you—please behave,” Muwanga remarked.

Frustrated, Bigirimana urged Parliament to summon the Ministry of Finance to explain why Judiciary requests were being ignored.

“I think it’s only fair that Finance should be questioned. We entered contractual agreements to rent court buildings based on the understanding that Finance would provide funds. Now, what do you want me to do—tell the judges to get out? That’s the dilemma I am facing,” he said.

He warned that unless Judiciary rent needs are fully met, arrears would continue accumulating.

“I promise you, I am going to keep accumulating rent arrears because I don’t have the money,” he said.

Opendi also raised concerns about judges who have refused to vacate rented offices despite new Judiciary buildings being commissioned at Constitutional Square last year. She suggested that judges who insist on staying in rented offices should bear the rental costs themselves.

“You have said you can’t force judicial officers out. Do you have enough space in the new buildings? If so, can you provide proof that you have written to judicial officers instructing them to relocate?” she asked.

She added, “I don’t see how a judicial officer can be told there is space in a rent-free building and still refuse to move. If they insist on staying, they should bear the cost. Can you justify continued rent payments when the President commissioned new buildings last year?”