Supreme Court Justice Dr. Esther Kitimbo Kisaakye is currently in exile, fearing for her life following ongoing threats, as revealed in documents obtained by Uganda Radio Network (URN).
These documents, which include a series of emails from the Washington-based law firm Covington & Burling LLP, shed light on the grave situation Kisaakye is facing.
One document highlights that she continues to live in fear due to the threats she has been receiving, forcing her to flee the country.
In July 2023, Kisaakye received a report from her lawyer about an imminent threat to her life, allegedly originating from a member of Uganda’s security agencies.
These documents, sent to various organizations including the Centre for Human Rights, the International Bar Association, and the Special Rapporteur on the Independence of Judges, detail ongoing efforts to raise awareness about Kisaakye’s situation. The law firm is actively mobilizing support to highlight her plight as a judge in exile, facing retaliation for fulfilling her judicial duties, with her safety still under threat.
The origins of Kisaakye’s troubles date back to 2021 when she clashed with eight other justices over a decision related to the presidential election petition filed by former candidate Robert Kyagulanyi (Bobi Wine), challenging the re-election of President Yoweri Museveni. Kyagulanyi had sought permission to amend his petition and introduce new evidence, but the majority of justices, led by Chief Justice Alfonse Owiny-Dollo, dismissed the request due to strict timelines for presidential election petitions.
Kisaakye, who dissented from the majority, accused the Chief Justice of trying to suppress her constitutional right to deliver a minority judgment. She claimed her judgment was seized, but despite this, she delivered it using a duplicate copy. The judgment was read in isolation, with the other justices and lawyers leaving the room. This event, according to documents from Covington & Burling LLP, marked the beginning of two and a half years of persecution, discrimination, and retaliation against Kisaakye, spearheaded by the Chief Justice and other Supreme Court staff.
The retaliation included removing her from her administrative duties, denying her new assignments, taking away her research officer, denying her medical benefits and leave, and falsely accusing her of failing to write judgments in appeals when she was not involved in those cases. In April 2021, the Uganda Judicial Service Commission (JSC) began an inquiry into Kisaakye’s conduct. Two months later, her salary and benefits were suspended for two and a half months due to ongoing investigations.
Unable to resolve her issues through internal judicial processes, Kisaakye filed a petition in the Constitutional Court in October 2022, seeking to challenge the actions of the Chief Justice, the JSC, and others, arguing that they violated her constitutional rights and undermined judicial independence. However, her petition has yet to be heard.
In February 2023, the JSC recommended that the President of Uganda establish a tribunal to investigate Kisaakye’s alleged misconduct during the 2021 election case. Kisaakye responded by filing another petition to quash the JSC’s report and delay the formation of the tribunal until her original petition was resolved. However, she has not received a hearing date.
According to the documents, Kisaakye also received information that some judges were unwilling to hear her petitions due to political sensitivities. With over seven years remaining in her Supreme Court term, Kisaakye submitted her resignation in July 2023, citing constitutional violations, including the unexplained freezing of her salary and her removal from administrative duties. Her resignation followed the JSC’s recommendation for her removal, stemming from a dispute with the Chief Justice over the 2021 election petition.
In response to her resignation, President Museveni rejected it, stating that accepting it prematurely would undermine the ongoing investigation. Kisaakye has since filed a petition challenging the President’s decision to block her retirement. She claims that, despite the rejection of her resignation, she has been denied judicial duties and has been left in a state of limbo.
Covington & Burling LLP, which is assisting Kisaakye with her advocacy for judicial independence, confirmed its support in a statement. The law firm noted that Kisaakye has filed multiple petitions seeking to protect judicial independence and halt the JSC’s unconstitutional inquiry. Despite these efforts, the Constitutional Court has failed to hear her cases in a timely manner, further prolonging her ordeal.
When contacted, the spokesperson for the Judiciary, Ereemye Mawanda, did not respond to URN’s attempts for comment.
