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    Supreme Court Judge Esther Kisaakye Speaks Out on Running to Exile

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    Supreme Court Judge Esther Kisaakye Speaks Out on Running to Exile
    • December 5, 2024 • 1 month ago
    in summary
    The plight of Supreme Court Justice Esther Kisaakye, who fled Uganda after receiving credible threats to her life. Her troubles began in 2021 when she clashed with fellow justices over a presidential election petition, leading to accusations of misconduct and a Judicial Service Commission recommendation for her removal. Despite seeking early retirement, her request was denied by President Museveni, citing ongoing investigations. Now in exile, Kisaakyes legal battles continue, with unresolved petitions challenging the tribunal investigating her and the judiciary's refusal to accept her retirement. Her case underscores concerns about judicial independence and governance in Uganda.

    Justice Esther Kisaakye, a Supreme Court judge, has revealed that credible threats to her life forced her to flee Uganda. In a statement released through her lawyers, KBW Advocates, Kisaakye confirmed she left the country after receiving reports of imminent danger. The statement did not disclose who was behind the threats or the exact date and location of her departure, but it emphasized her continued exile for safety reasons.

    Kisaakye's legal battles have been ongoing since 2021, when she clashed with fellow Supreme Court justices over the presidential election petition filed by Robert Kyagulanyi, alias Bobi Wine, challenging President Yoweri Museveni’s re-election. Tensions escalated after Kisaakye claimed her dissenting file was confiscated on orders of the Chief Justice. In 2022, the Judicial Service Commission (JSC) recommended that President Museveni remove her from the bench and investigate allegations of misconduct. Subsequently, Tanzanian President Samia Suluhu Hassan was requested by Museveni to appoint an independent judge to lead a tribunal into the allegations.

    Kisaakye, however, contests the tribunal's legitimacy, pointing out that her early retirement request, submitted upon reaching the constitutional age of 60, was denied by Museveni, leaving her in legal limbo. She asserts that she has neither been allowed to retire nor assigned judicial work since March 2021. "I remain stuck in a judicial limbo—neither an active judge nor a retired one," Kisaakye's lawyers lamented in their statement, describing her situation as a violation of judicial independence and constitutionalism.

    Despite the ongoing saga, her three constitutional petitions, which challenge the tribunal's establishment, the JSC's report, and the refusal to accept her retirement, remain unresolved. Kisaakye’s legal team decries the delay in hearing her cases, describing it as a denial of justice for her and the Ugandan public who rely on the judiciary. Efforts to seek comments from security officials and judiciary spokespersons were unfruitful.

    Justice Kisaakye’s plight has drawn attention to issues of governance and judicial independence in Uganda, raising questions about the rule of law. Her lawyers argue that the continued persecution of a judge who has already sought retirement wastes public resources and undermines trust in the judiciary. Meanwhile, Kisaakye remains in exile, awaiting a resolution to her legal and safety concerns.

     

    Justice Esther Kisaakye is a Ugandan Supreme Court judge known for her bold dissent in high-profile cases. Born in 1958, she has an illustrious legal career but now faces exile due to alleged threats and judicial disputes.

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