Attempts by Justice Esther Kisaakye Kitimbo to exit the Supreme Court bench have hit a roadblock after the appointing authority referred her request for early retirement to a tribunal.
In the 2021 presidential election, Justice Kisaakye ruled in favour of main opposition National Unity Platform (NUP) candidate Robert Kyagulanyi aka Bobi Wine. The most experienced member of the Supreme Court bench, Kisaakye was engaged in a war of words with her boss Chief Justice Alfonse Chigamoy Owiny-Dollo.
On March 18, 2021, there was chaos in the Supreme Court in Kampala after Kisaakye alleged that CJ Owiny-Dollo had directed that her file containing her dissenting argument be confiscated. There were also allegations that electricity was switched off to block Kisaakye from reading her judgement. (See Details Here).
Months later, Kisaakye was engaged in bitter exchanges with Permanent secretary and secretary to judiciary Pius Bigirimana after the accounting officer sought to compel her to explain her absence from office.
Bigirimana also threatened to withhold Kisaakye’s salary until the judge has written to him, showing why she was absent without his permission.
After the escalation of the row between her and those who matter in the judiciary, Kisaakye wrote to President Museveni, asking to retire at the age of 63, after serving as Supreme Court judge for 14 years.
But in a response sent in October 2023, Museveni has referred Kisaakye’s matter to a tribunal of the Judicial Service Commission (JSC) whose verdict is already clear. In February 2023, the Commission asked Museveni to fire Kisaakye and subject her to a probe into alleged misconduct and for disrespecting CJ Owiny-Dollo.
In their preliminary report recommendations, members of the tribunal told Museveni: “The commission is of the considered view that a prima facie case has been established through this inquiry of probable ground of misbehavior or misconduct on part of Hon Lady Justice Dr Kisaakye.”
Museveni’s response, contained in an October 02 letter, sought to respect the work of the commission of inquiry – now a key roadblock for Kisaakye’s quest to retire.
“I have received your letter of the 18th of July, 2023, tendering in your early retirement. As per the law, I cannot obstruct your wishes. However, that will pre-empt the work of the Judicial Commission of Inquiry or the Tribunal,” Museveni wrote.
“Apparently, you made some strong statements against the Chief Justice. Either those statements were right or wrong. It is the Tribunal that will conclude that. It is thereafter that the way forward will be clear.”
Months ago, Bigirimana wrote to Justice Kisaakye ordering her to explain why she was absent for months after the end of her sick leave or forget about her salary. (Read Story Here and There).
Fearless and not willing to be intimidated, Justice Kisaakye fired back at Bigirimana, reminding him that she has a PhD in law and has more experience in legal matters than him. (Read Justice Kisaakye’s response HERE).
It should be remembered that Justice Kisaakye is the most experienced judge of Uganda’s Supreme Court. She is even more experienced than Chief Justice Owiny-Dollo himself. (Read Her Profile Here).
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