Self-exiled Supreme Court Justice Dr Esther Kitimbo Kisakye has filed in the Constitutional Court two petitions challenging the decision made by president Museveni against her claiming that they are violating the country’s constitution and her personal liberty and human rights.
Justice Kisakye through her lawyers led by Constitutional law giant Peter Walubiri have challenged Museveni’s decision of declining her prayer to accept her early retirement citing personal issues and noting that she has all the needed requirements to seek early retirement before clocking 70 years.
Museveni rejected the 64-year-old Justice Kisakye’s prayer explaining that allowing her to retire will be intercepting the justice process and fairness since she has been under investigation by the Judicial Service Commission since 2023 over issues related to indiscipline.
He asked her to wait until the conclusion of the process.
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The Judicial Service Commission under the chairmanship of the former chairperson Justice Benjamin Kabito recommended to the appointing authority that a tribunal be instituted to probe the indiscipline allegations against Justice Kisakye.
The decision resulted from the evidence given to the commission by Chief Justice Owiny Dollo who accused Kisakye of exhibiting unbecoming behaviour during the 2021 presidential election petition filed by National Unity Platform (NUP) presidential candidate Robert Kyagulanyi Ssentamu(Bobi Wine) against Museveni.
Attorney General Kiryowa Kiwanuka and other Justices of the Supreme Court who formed the panel which presided over the matter also made statements against Justice Kisakye and asked the Judicial Service Commission to recommend to the president that Justice Kisakye be dismissed with disgrace.
Justice Kisakye denied all the allegations placed on her insisting that she was insulted by Justice Dollo who forcefully confiscated her case files because she refused to hand them over to him to read through them first.
She further claimed that since the incident, she has been denied work and the Permanent Secretary to the Judiciary Pius Bigirimana withdrew her official benefits as a Supreme Court justice.
She added that this violated her constitutional rights and because the situation was unbearable, she pleaded with the President to allow her to retire.
Kisakye also challenged the president’s decision of instituting a panel of former Justices of the Supreme Court led by justice Galdino Okello, and others to probe her and to establish whether she had a duty to adhere to the practice of sharing her rulings with other justices on the panel.
The panel was also tasked to probe whether Kisakye disobeyed the directive of the Chief Justice, as head of the panel, to deliver her ruling in the said matter and whether her conduct in delivering the ruling as a single Justice of the Supreme Court in a matter where quorum had been empanelled, was in breach of the Uganda Code of Judicial conduct and the practice of the court.
The panel was also tasked to determine whether the verbal public statements made by justice Kisakye put the image of the Judiciary into disrepute and whether her action of associating with lawyer Kassim Male Mabirizi who filed an application related to the matter and addressing the media and the public to informally address a matter before a court breached the provisions of the Uganda Code of Judicial Conduct.
The panel also have to determine whether Justice Kisakye absent herself from duty when she extended her approved leave period and did not report back for duty at the Supreme Court upon her return from medical leave and whether a recommendation should be made to the President for the said Justice Kisakye to be removed from the office of Justice of the Supreme Court of Uganda.
Justice Kisakye challenged the president’s decision and insists that it violates her rights and the constitution of the country.
Last week, all parties in the matter through their lawyers, met the registrar of the constitutional court which also doubles as the Court of Appeal for conferencing and issues were determined which are going to be handled by the panel.
Attorney General, Justice Dollo, Bigirimana’s lawyers led by Laston Gulume who held a watching brief on behalf of senior counsel Francis Gimara protested the move to allow lawyer Mabirizi to join the petition as a concerned party.
Mabirizi insists that the fight between Justice Kisakye and Dollo over Bobi Wine’s case file violated him constitutional rights adding that during the hearing at the Judicial Service Commission both Dollo and Kiryowa Kiwanuka made serious allegation which affected his personal image before well thinking members of the public.
Mabirizi rubbished allegations made by justice Dollo that during their fight with Kisakye, he was in frequent phone communication with Kisakye which he denied insisting that he doesn’t have Kisakye’s phone number as Dollo claimed.
He added that he never received his dissenting ruling in her application asking justice Dollo to recuse himself from the matter because he was a personal lawyer to Museveni who was being accused of grabbing Bobi Wine’s victory, an allegation that Justice Kisakye supported while other justices on the panel dismissed it.
They insisted that Dollo made an oath when he was appointed a justice and he is expected to give justice without fear or favour.
Justice Kisakye supported Mabirizi for joining her petition insisting that he is going to help the Court to get evidence which is going to help to deliver fair justice.
Court set June to kick off the hearing of all the petitions and very soon, after all parties have filed their documents concerning the said matter, Deputy Chief Justice Flavian Zeija will announce a panel of five justices who are going to preside over the matter.
Justice Kisakye exiled herself in the United States of America claiming that her life was in danger and that there were bad people who wanted to kill her even though her lawyer Hannington Mutebi told Court that she is closely following all the petitions and she has to authorise all the documents they file concerning her matter.
