Senior Supreme Court Judge Sues CJ Dollo, PS Bigirmana

Supreme Court Judge Esther Kitimbo Kisaakye has sued the Chief Justice Owiny Dollo, the Permanent Secretary Pius Bigirimana, and two two other respondents for unlawful suspension of her duties and benefits.

 

Justice Kisaakye petitioned the Constitutional court seeking monetary and non -monetary redress against the respondents on grounds that  their acts and omissions affected her.

Among other respondents are the commissioner human resources in judiciary Apophia Tumwine and the Chief Registrar of the Judiciary, Sarah Langa.

She claims that as the longest serving justice of the supreme court with a career spanning 12 years and a the most senior officer next to the CJ, the judiciary undermined her by leveling baseless allegations and witch hunting her.

Justice Kisaakye contends that she was treated unjustly during the 2021 Presidential election petition where the National Unity Platform’s Robert Kyagulanyi alias Bobi Wine challenged President Museveni’s victory at the Supreme Court in which she was on the panel.

 

She claims that the Chief Justice stopped her from delivering a consent ruling in the case and refusal to grant her access at the Supreme Court premises, in addition to the issuance of a resultant press statement were all unlawful .

 

“The petitioner contends that the acts of the first respondent(Dollo) and the officials of the judiciary issuing a deceitful and defamatory press release about the petitioner and about the events that took place on March, 18, 2021 at the Supreme Court are inconsistent with and in contravention of the constitution,” court documents say.

She further states that she was denied the right to a fair hearing at the Judicial Service Commission (JSC) which commenced investigations into the election petition case without complaint from CJ Dollo was unconstitutional.

 

“Unknown to the petitioner, on March, 20,2021 in the absence of a complaint from anyone, the Judicial Service Commission commenced investigations against her disguised as a general inquiry into the events of 18th and 19th March 2021 at the Supreme Court without observing any due process and the set procedures under the Constitution of Uganda.”

 

Justice Kisaakye drags CJ Dollo to court She says also says the “secretive inquiry” against her, by the Judicial Service Commission was illegal.

Consequently, action was taken by the CJ to terminate her from duty rosters and removal of her benefits including salary and other emoluments like medical insurance, leave allowance upon her return from leave.

 

“Since the petitioner returned from leave on June, 27, 2022, she has since been omitted from Supreme Court duty rosters and cause-lists despite informing the Chief Justice, the administrative judge of the Supreme Court and the registrar that she is available for work.” Reads the petition in part

 

Among other respondents are the commissioner human resources in judiciary Apophia Tumwine and the Chief Registrar of the Judiciary, Sarah Langa.

 

Justice Kisaakye now wants the Constitutional Court to declare that the acts and omissions by the respondents affected her and therefore seeks monetary and non -monetary redress against them.