Last week, Lady Justice Rosette Kania, a judge of the High Court, denied opposition politician Dr Kizza Besigye bail after the 68-year-old veteran Museveni challenger and his aide Hajj Obeid Lutale spent months on remand.
The judge has continued to be criticized by activists for her decision. By looking at her profile, some her questioned her suitability for the job of dispensing justice.
Some even argued that she should be at the Commercial Division of the High Court and not the Criminal Division, given her training and experience.
Others have raised questions on her determinations of bail applications, and her status as an acting judge – the appointment of judges in acting capacity also remains a thorny issue in Uganda.
In the Besigye Bail Case, Judge Kania Broke The Law
The Uganda Law Society (ULS) strongly condemns Judge Rosette Comfort Kania for breaking the law in denying Dr. Kizza Besigye and Hajji Obeid Lutale’s bail application on 11 April 2025, despite their fulfilment of all necessary requirements.
The denial was based on speculation that the accused might interfere with investigations due to the serious nature of the charges, and an unacceptably paternalistic rationale that their continued detention was in their best interest, specifically to shield them from “falling prey to the temptation to interfere with the investigations.” Judge Kania’s decision is fundamentally flawed and impeachable, as she failed to cite any law or precedent for her departure from established principles. See Uganda (DPP) v Col (Rtd) Dr Kiiza Besigye, Constitutional Reference No. 20 of 2005; Attorney General v Tumushabe [2008] E.A. 26; and Attorney General v Uganda Law Society, Constitutional Appeal No. 1 of 2006.
Judicial discretion is not absolute. It must be exercised in accordance with established legal principles. See Aharikundira v Uganda, Supreme Court Criminal Appeal No. 27 of 2015; Sam Kuteesa v Attorney General, Constitutional Petition No. 46 of 2011; and Attorney General v Nakibuule, Constitutional Appeal No. 02 of 2016. Judge Kania’’s actions in the Besigye bail case
constitute judicial overreach, where she substituted judicial discretion with personal opinion, undermining the rule of law and impartiality. Judges stepping outside the law fractures the foundation upon which society stands, compromising justice and public trust.
Whereas the ULS assures all court users that it will, in accordance with Executive Order RNB No 2 of 2024, bring Judge Kania before the Judicial Service Commission to answer for her actions, the Besigye legal team is urged to file a fresh application and approach the head of the Criminal Division immediately to rectify this harm. The ULS also calls upon the Civil Division of the High Court to expedite the stay of execution application filed by President Isaac Ssemakadde and other urgent cases, including the ULS habeas corpus application for Advocate Eron Kiiza. Justice deayed is justice denied.
Anthony Asiimwe, Vice President, Uganda Law Society
So, who exactly is Lady Justice Rosette Comfort Kania? The following is Kania’s brief profile, according to the judiciary:
Lady Justice Kania is a legal, capital markets and regional integration professional with over 20 years post qualification experience gained both in Uganda and across the other East African Community countries.
At the time of her appointment, Lady Justice Kania was working as a Director of Market Supervision and Compliance at the Capital Markets Authority Uganda.
Her executive level role aimed at maintaining and regulating an orderly, fair and efficient capital market by ensuring existing and new market intermediaries, investors and issuers comply with the Capital Markets Authority regulatory framework.
Her major interests are in Commercial and corporate law, capital markets development and regulation, compliance, administration, securities market supervision, financial sector development, regulatory reform, monitoring and evaluating the implementation of free movement of capital commitments under the Protocol on the Establishment of the East African Common Market, corporate governance, investment policy development and analysis, stakeholder engagement, East African Community (EAC) regional integration and private sector development. She holds a Master’s Degree in Law from the University College London.
Lady Justice Rossette Comfort Kania is also the Deputy Chairperson of the Judicial Service Commission.
Kania’s were judicial officers. Her late mother Christine Kania was a Chief magistrate in Mukono and Jinja, and died when she was a member of the Constitutional Review Commission. Justice Kania’s father, Augustine Kania, is a retired High Court Judge.
It should be remembered that Besigye and Lutale had substantial sureties and had fulfilled most of the requirements for bail but Justice Kania declined to grant them temporary relief on grounds that the matter was still being investigated months after two were kidnapped from Nairobi. (See Details Here).
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