Uganda–UK Prisoner Transfer Agreement Faces Legal Hurdles Amid Conviction of Ugandan Judge Lydia Mugambe
The renewed public interest follows the UK conviction of Ugandan High Court Judge Lydia Mugambe-Ssali, a once-respected figure in Uganda’s judiciary who was found guilty in a UK court last month on charges relating to forced labour and conspiracy to breach UK immigration law. The case involved the exploitation of a victim who was forced free childcare.
Uganda Today Edition: Uganda–UK Prisoner Transfer Agreement Faces Legal Hurdles Amid Conviction of Ugandan Judge Lydia Mugambe
By Uganda Today Staff Reporter
April 19, 2025
KAMPALA | Uganda Today – The recently signed Statutory Instrument No. 37 of 2025 by Justice and Constitutional Affairs Minister Norbert Mao, formalizing Uganda’s participation in the Uganda–United Kingdom Prisoner Transfer Agreement, has stirred debate following legal commentary by exiled Ugandan author and activist Kakwenza Rukirabashaija. The instrument is seen as a legal bridge enabling the repatriation of convicted Ugandans serving sentences in UK prisons — but not without strict procedural conditions.
The renewed public interest follows the UK conviction of Ugandan High Court Judge Lydia Mugambe-Ssali, a once-respected figure in Uganda’s judiciary who was found guilty in a UK court last month on charges relating to forced labour and conspiracy to breach UK immigration law. The case involved the exploitation of a victim who was forced free childcare.
Despite her high profile and legal standing, Judge Mugambe was convicted after a six-month trial at the Southwark Crown Court, which found “overwhelming evidence of forced child home care to a fellow Ugandan lady.” Her sentence is yet to be pronounced.
Transfer Debate: Kakwenza Weighs In
Kakwenza Rukirabashaija, known for his sharp commentary on governance and the rule of law, has issued a cautionary interpretation of the prisoner transfer agreement, arguing that the instrument does not guarantee the immediate transfer of Judge Mugambe back to Uganda to serve her sentence.
Citing Article 3(d) of the agreement, Kakwenza emphasized that a prisoner must have at least six months remaining on their sentence at the time Uganda submits a formal request for transfer. “This provision wasn’t an afterthought. It was inserted to prevent purely symbolic or empty transfers where the convict would just land back in Uganda for a token imprisonment,” Kakwenza explained in a statement from exile.
Under this rule, if Uganda seeks Judge Mugambe’s transfer, she would only qualify after serving a minimum of 15 years and 4 months of her sentence in the UK — allowing the final six months to be completed in Uganda.
“There is no playing around these legal and procedural requirements. This is a treaty-based obligation, not a political favor,” Kakwenza added, warning against misleading public expectations.
Symbolism vs. Substance in Transfer Treaties
Minister Norbert Mao, in signing the statutory instrument, hailed the agreement as a step toward deepening legal cooperation and accountability across borders, especially for Ugandan citizens convicted abroad. However, legal experts argue that while the treaty enables transfers, it does not override the judicial autonomy of the sentencing country.
Professor John Turyamureeba, a constitutional law expert, commented: “This is a powerful legal tool for Uganda, but it should not be misunderstood. The UK retains discretion on enforcement, and all treaty conditions must be met to the letter. It’s not enough to simply want a prisoner back.”
Ugandan officials have not officially confirmed whether they intend to file a transfer request for Justice Mugambe. But sources within the Ministry of Foreign Affairs indicated that discussions were underway, especially considering the high-profile nature of the case.
Public Reaction and Political Undertones
The scandal has rocked the Ugandan judiciary, with legal analysts and civil society groups calling for a comprehensive audit of the assets and financial dealings of senior judicial officers. Activist groups like Chapter Four and Legal Brains Trust have urged the Judicial Service Commission to initiate disciplinary proceedings and recommend formal dismissal from judicial service.
As Uganda enters a new era of judicial diplomacy under international conventions, the case of Justice Lydia Mugambe-Ssali may become a legal litmus test — not just of the prisoner transfer agreement itself, but of Uganda’s commitment to transparency, institutional integrity, and cross-border justice.
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