By President Yoweri Museveni has appointed a seven-member judicial tribunal to investigate allegations of misconduct against Supreme Court Justice Esther Kisaakye Kitimbo. The senior judge, currently in self-imposed exile, has been at the center of a legal dispute involving Chief Justice Alfonse Owiny-Dollo and other Judiciary officials following her dramatic outburst during the 2021 Supreme Court hearing of the presidential election petition filed by National Unity Platform (NUP) leader Robert Kyagulanyi against President Museveni.
Retired Supreme Court Justice Galdino Okello has been selected to chair the tribunal, alongside Justice Jotham Tumwesigye, a former Supreme Court justice and Inspector General of Government, and Justice Winfrida Beatrice Karosso from the Tanzanian Court of Appeal. The tribunal’s legal counsel is Mr. James Odumbi Owere, the Deputy Director of Public Prosecutions, assisted by Mr. Adrine Asingwire. Ms. Irene Lugayizi, a legal expert, will serve as the tribunal’s secretary, with Mr. John Musiime as her deputy.
In a legal notice published in the gazette dated February 11, President Museveni stated, “Pursuant to Article 144 (2), (3) of the Constitution of the Republic of Uganda, I do hereby appoint the chairperson and members of the judicial tribunal of inquiry into the conduct of Hon. Lady Justice Esther Kisaakye Kitimbo of the Supreme Court of Uganda.”
Background to the Tribunal Inquiry
The tribunal will investigate Justice Kisaakye’s conduct during the Supreme Court’s handling of the 2021 presidential election petition. Her fallout with fellow justices arose from her dissenting opinion in the case of Robert Kyagulanyi Ssentamu vs. Yoweri Museveni, the Electoral Commission, and the Attorney General. On March 18, 2021, Justice Kisaakye alleged that her ruling had been confiscated on the orders of Chief Justice Owiny-Dollo, leading to a dramatic public standoff.
The Chief Justice has denied the allegations. Following an investigation by the Judicial Service Commission (JSC) led by Justice Benjamin Kabiito, a recommendation was made to President Museveni for Justice Kisaakye’s removal from office. The JSC found “a prima facie case of probable grounds of misbehavior or misconduct” warranting further investigation by a presidential tribunal.
Article 144 (3) of the Ugandan Constitution mandates that a judicial officer can only be removed if a tribunal appointed under Article 144 (4) recommends their dismissal. Justice Kisaakye has since taken legal action against the Chief Justice and other high-ranking Judiciary officials, alleging unfair treatment. Her petition is pending before the Constitutional Court.
Early Retirement Request Denied
In 2023, Justice Kisaakye formally requested early retirement, citing constitutional provisions allowing judicial officers to retire after the age of 60. However, President Museveni rejected her request, citing the ongoing investigation. In an October 2, 2023, letter to Justice Kisaakye, the President stated, “Apparently, you made some strong statements against the Chief Justice. Either those statements were right or were wrong. It is the Tribunal that can conclude that. It is, thereafter, that the way forward will be clear for you.”
Justice Kisaakye, who has been denied judicial assignments since March 2021, remains in professional limbo—neither active as a Supreme Court justice nor retired, affecting her ability to move forward with her career.
Terms of Reference for the Tribunal
The tribunal will specifically investigate:
- Whether Justice Kisaakye failed to adhere to judicial protocols in handling her ruling during the 2021 presidential election petition.
- Whether she disobeyed directives from the Chief Justice regarding the timing and delivery of her ruling.
- Whether her decision to deliver the ruling as a single justice violated judicial conduct and court procedures.
- Whether her public statements on March 18 and 19, 2021, brought the Judiciary into disrepute.
- Whether her interactions with external parties regarding the case breached judicial ethics.
- Whether her extended leave period constituted absenteeism, warranting removal from office.
- Whether a recommendation should be made for her dismissal from the Supreme Court.
Composition of the Tribunal
- Justice Galdino Okello – Retired Supreme Court Justice, Chairperson of the Tribunal.
- Former Supreme Court judge, Judicial Service Commission member, and law lecturer.
- Justice Jotham Tumwesigye – Retired Supreme Court Justice and former Inspector General of Government.
- Served in the Judiciary and as Uganda’s IGG between 2000 and 2009.
- Justice Winfrida Beatrice Karosso – Tanzanian Court of Appeal Justice.
- Former Deputy Director of Public Prosecutions in Tanzania.
- Mr. James Odumbi Owere – Deputy Director of Public Prosecutions, Counsel to the Tribunal.
- Heads the Directorate of International Affairs and has served in Uganda’s legal sector for decades.
- Ms. Adrine Asingwire – Senior State Attorney, Office of the Director of Public Prosecutions.
- Chief legal manager assisting the Deputy DPP.
- Ms. Irene Lugayizi – Commissioner for Legal Drafting, Ministry of Justice & Constitutional Affairs.
- Mr. John Musiime – Assistant Secretary to the Tribunal, city lawyer.
What’s Next?
It has been nearly 16 years since a Ugandan judge was subjected to a disciplinary tribunal appointed by the President. Justice Kisaakye had previously been considered for the position of Chief Justice but was overlooked in favor of Justice Owiny-Dollo. It remains unclear when the tribunal will commence its proceedings and when evidence will be presented.
As Uganda awaits the findings of the tribunal, the case of Justice Kisaakye sets a significant precedent for judicial independence and accountability within the country’s legal framework.
