President Museveni has halted a request by the Supreme Court judge Esther Kitimbo Kisaakye’s to retire early.
Justice Kisaakye, 60, filed in July nearly seven years ahead of schedule against the backdrop of reported difficulties on the bench and the ongoing controversy involving Chief Justice Owiny-Dollo and other top Judiciary officials.
In a letter dated July 19, 2023, Kisaakye, who was appointed in October 2009, stated that she had served on the Supreme Court for 13 years and 10 months. Citing Article 144(1) of the Ugandan Constitution, which allows a judicial officer to retire after turning 60, she tendered her early retirement at the age of 63.
Her resignation came five months after the Judicial Service Commission recommended her removal from office due to alleged misconduct and a verbal attack against Chief Justice Owiny-Dollo during the 2021 presidential election petition.
The accusations against her included claims of misconduct and a verbal assault directed at Chief Justice Owiny-Dollo regarding the handling of a file related to the 2021 election petition.
However, in a letter on October 2, the President cites an ongoing inquiry by the Judicial Service Commission (JSC) into alleged comments made by Justice Kisaakye about Chief Justice Alfonse Chigamoi Owiny-Dollo at the end of a 2021 presidential poll petition hearing.
President Museveni, acknowledging her constitutional right to retire, emphasized that her departure could preempt the work of the JSC or the Tribunal.
The President highlighted that the Tribunal’s conclusions on the alleged statements against the Chief Justice would clarify the way forward for Justice Kisaakye.
According to the Constitution, Supreme Court judges in Uganda must retire at 70, but they can voluntarily step down ten years before reaching that age.