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Commonwealth protests move to remove Justice Kisaakye
Supreme Court judges led by Chief Justice Alfonse Owiny-Dollo (3rd left) before they sat to hear a presidential election petition filed by former candidate Robert Kyagulanyi, alias Bobi Wine, on February 11, 2021.PHOTO | FILE
What you need to know:
- The Commonwealth Lawyers’ Association has asked President Museveni to be careful with such a recommendation from the Judicial Service Commission.
The Commonwealth Lawyers’ Association (CLA) has condemned the decision by the Judicial Service Commission (JSC) to recommend removal of Justice Esther Kisaakye from office.
The JSC had on February 8 asked President Museveni to institute a tribunal to have Supreme Court Justice Kisaakye, who is due to be investigated over alleged misconduct and verbal attack on the Chief Justice Alfonse Owiny-Dollo, kicked out.
Justice Kisaakye’s troubles stem from her dissenting decision in the presidential election petition involving Robert Kyagulanyi, aka Bobi Wine, and President Museveni in March 2021.
“The Commonwealth Lawyers’ Association (CLA) is gravely concerned about reports that the Judicial Service Commission in Uganda has recommended the removal of Supreme Court Justice Esther Kisaakye from office. Judges should be subject to suspension or removal only for reasons of incapacity or misbehaviour that clearly renders them unfit to discharge their duties,” a statement by commonwealth lawyers read in part.
The CLA is an international non-profit organisation which exists to promote and maintain the rule of law throughout the Commonwealth member states by ensuring that an independent and efficient legal profession, with the highest standards of ethics and integrity, serves the people.
The Commonwealth lawyers have since called upon President Museveni, in his capacity as the appointing authority, to be careful not to go by the recommendations of the JSC and have Justice Kisaakye removed from office.
Supreme Court Judge Esther Kisaakye
“Therefore, the CLA urges President Yoweri Museveni to carefully consider the implications for the independence of the judiciary in having a judge removed in this manner,” the statement further read.
On March 18 last year, the Supreme Court was thrown into pandemonium after Justice Kisaakye’s file was allegedly confiscated on the orders of Chief Justice before she read her dissenting ruling (8:1) after Mr Kyagulanyi withdrew the presidential petition, challenging Mr Museveni’s election victory.
The Chief Justice denied confiscating her file. To that effect, the JSC initiated an inquiry into the cause of the ugly events that unfolded at the highest court in the land and recommended that she is investigated and removed from office.
By press time, it was not known whether President Museveni had already acted on the recommendations of the JSC or not.
Removing a judge
Judges can be subjected to disciplinary processes. Article 144 (2) of the Constitution provides for the removal of Judge due to inability to perform the functions of his or her office arising from infirmity of body or mind; misbehaviour or misconduct; or incompetence. Where such removal is due to misconduct, a two-step approach is followed by the JSC; a probe and then a recommendation to the President for action.
