Reported by CMP Publications – November 22, 2024
Justice Dr. Esther Kitimbo Kisaakye, a Supreme Court Judge in Uganda, is now living in exile after fleeing her home country due to ongoing threats to her life. According to documents obtained by the Uganda Radio Network (URN), the threats escalated following her dissenting position in the highly sensitive 2021 presidential election petition case.
Kisaakye’s troubles began after she publicly disagreed with her colleagues on the Supreme Court bench, including Chief Justice Alfonse Owiny-Dollo. Her minority judgment supported Robert Kyagulanyi Ssentamu, better known as Bobi Wine, in his petition challenging President Yoweri Museveni’s election victory. Despite opposition, Justice Kisaakye delivered her judgment, which she claimed was suppressed by her peers.
Following the 2021 case, Kisaakye faced what has been described as systematic persecution. She was stripped of her administrative role, denied judicial assignments, and faced accusations of misconduct. She also endured a salary freeze, the removal of her research officer, and denial of leave and medical benefits.
In 2023, Kisaakye’s lawyer received credible information about an imminent threat to her life from a source linked to Uganda’s security agencies. Fearing for her safety, Kisaakye fled the country and is now supported by the Washington-based law firm Covington & Burling LLP, which is advocating for her case internationally.
Kisaakye’s case highlights significant concerns about judicial independence in Uganda. The Judicial Service Commission launched an inquiry into her conduct in 2021, leading to a recommendation for a tribunal to investigate her removal from office. Justice Kisaakye countered with multiple constitutional petitions to challenge the commission’s actions, but her cases have not been granted hearing dates, allegedly due to political sensitivities.
In July 2023, Kisaakye formally sought early retirement, citing administrative injustice and ongoing threats. President Museveni rejected her resignation, claiming it would preempt the work of the Judicial Commission of Inquiry. Despite her resignation being denied, she has not been assigned judicial work since, leaving her in a limbo state.
Organizations such as the International Bar Association Human Rights Institute and the Centre for Human Rights have been informed of Kisaakye’s plight. Covington & Burling LLP is coordinating efforts to bring attention to the persecution she faces, emphasizing the broader implications for rule of law and governance in Uganda.
The law firm noted, “Justice Kisaakye’s petitions aim to protect judicial independence and halt unconstitutional actions by the Judicial Service Commission. However, delays in Uganda’s judiciary have compounded the issue.”
Justice Kisaakye’s exile raises critical questions about the state of judicial independence and human rights in Uganda. Her case underscores the risks faced by those who challenge entrenched political powers and advocate for the rule of law.
Despite repeated attempts to secure justice, Kisaakye remains in exile, with her safety at risk and her future uncertain. The Ugandan judiciary and government are under mounting pressure to address her grievances and reaffirm their commitment to judicial independence and fundamental rights.
The spokesperson for the judiciary, Ereemye Mawanda, declined to comment when contacted about the matter. CMP Publications will continue to follow developments in this story.