law 24 May 2026 Daily Monitor (Uganda)
Court Halts RDC and Security Interference with Bailiff Operations
The Constitutional Court has declared illegal any interference by RDCs, security agencies, and local government officials in the work of court bailiffs. The ruling emphasizes that bailiffs are officers of the court, and their execution of lawful orders should not be subjected to executive 'clearance'. Source: https://www.monitor.co.ug/uganda/news/national/court-bars-rdcs-security-from-interfering-with-bailiffs-work-5472080
In a significant ruling, Uganda’s Constitutional Court has put an end to the practice of Resident District Commissioners (RDCs) and security agencies obstructing court bailiffs.
The court declared that executive officials cannot demand ‘clearance’ or ‘approval’ from RDCs, district security committees, or other security bodies before bailiffs execute court orders. Such actions were deemed an unlawful overreach into the judiciary’s powers.
Justice John Mike Musisi, in the lead judgment, stated that any executive conduct aimed at halting execution, confiscating court documents, or frustrating lawful court orders infringes upon judicial authority, contradicting Articles 2, 126, and 128 of the Constitution. The court clarified that security agencies do not have the power to review, suspend, or veto court orders; the direction and supervision of execution remain solely with the courts.
While security organs can assist in situations where violence is anticipated, particularly during land evictions, they are not permitted to substitute themselves for the court or exercise judicial powers. They may verify the authenticity of court orders to prevent fraud, but this verification must not be used as a pretext to delay or obstruct justice.
The landmark judgment stemmed from a petition filed by the Uganda Court Bailiffs Association Ltd., which argued that executive interference had hampered the execution of court orders and undermined access to justice.
The court, however, did not rule in favor of the bailiffs on all issues. It upheld certain provisions of the Judicature (Court Bailiffs) Rules, 2022, including the requirement for bailiffs to furnish a Shs2 million security bond and the need for specific educational qualifications, deeming these measures essential for professional standards and the integrity of the execution process. The court also clarified that statutory immunity for bailiffs applies only when their actions are lawful and in accordance with court warrants, not for unlawful acts.
This ruling reinforces the separation of powers and the independence of the judiciary in Uganda. Source: Daily Monitor.