November 23, 2023.
KAMPALA, Uganda | President Museveni has declined the early retirement request of Supreme Court Judge Esther Kitimbo Kisaakye, citing an ongoing judicial inquiry into alleged comments made about Chief Justice Alfonse Chigamoi Owiny-Dollo. The judge’s application, submitted in mid-July, aimed to retire nearly seven years ahead of the mandatory age of 70 for Supreme Court judges.
In a letter dated October 2, President Museveni outlined his decision, emphasizing that the ongoing inquiry by the Judicial Service Commission (JSC) must conclude before the judge’s resignation can be accepted. The President acknowledged the judge’s constitutional right to retire but underscored the importance of the tribunal’s findings in determining the way forward.
Justice Kisaakye, who served on the Supreme Court bench for over 13 years, wrote to President Museveni on July 19, 2023, invoking Article 144(1) of the Constitution, which allows judicial officers to retire after reaching the age of 60. At the time of her request, she was 63 years old.
The controversy surrounding Justice Kisaakye escalated following allegations of misconduct and a verbal attack against Chief Justice Owiny-Dollo during the 2021 presidential election petition. The judge’s dissenting opinion, accusing the Chief Justice of obstructing her from delivering her minority ruling, triggered an investigation by the JSC.
In February 2023, the JSC found Justice Kisaakye guilty of desecrating the Supreme Court by holding a press conference and making disrespectful attacks on the Chief Justice. The judiciary suspended her salary, housing, medical benefits, and other allowances for being absent from her duties without official leave.
President Museveni’s decision to withhold approval for early retirement emphasizes the need for the JSC to expedite the ongoing inquiry to determine the veracity of the allegations against Justice Kisaakye. The unfolding saga sheds light on the controversies within the Ugandan judiciary.
