The Judicial Service has emerged to recommend to President Yoweri Kaguta Museveni Tibuhaburwa that Justice Esther Kisaakye should be removed from the Supreme Court.
“The Hon Lady Justice Dr.Kisaakye being a justice of the Supreme Court of Uganda, the commission recommends that the president appoints a tribunal pursuant to Article 144(2)(b), 3 and 4 of the Constitution for the question of the removal of Hon . Lady Dr. Kisaakye from office, to be investigated,” Said The Judicial Service Commission Chairperson, Justice Benjamin Kabiito in his February 18, 2023 Recommendation.
The Commission recommendation contained in an five page report stemmed from investigations by the Judicial Service Commission into the conduct of Her Worship Lady Justice Kisaakye during the hearing of the 2021 election petition by the Supreme Court in which National Unity Platform presidential candidate, Robert Kyagulanyi Ssentamu Alias Bobi Wine challenged the election of President Museveni.
There was a lot drama as the Supreme Court after Justice Kisaakye accused the Chief Justice Alphonse Owiny Dollo of allegedly ordering the confiscation of her dissenting ruling in the matter at the supreme court.
The Supreme Court in its ruling dismissed an application an application in which Bobi Wine sought to file more evidence in the petition challenging Museveni’s re-election. However, Kisaakye said her dissenting ruling had been confiscated by the Chief Justice.
In the February report, the Judicial Service Commission says that after social, print and electronic media’s covering of the public fallout between the CJ and Lady Justice Kisaakye, they started an inquiry into the incident.
According to the JSC, during their inquiry, they sought to ascertain what had exactly happened leading to the open fallout between the two justices of the Supreme Court.
The Commission indicated that in the course of their inquiry, four complaints stemming from the Supreme Court proceedings in the 2021 election petition came up, including one where lawyer Mabirizi sought the removal of CJ from office, but also the maverick lawyer seeking the removal of Justice Ruby Opio Aweri and six others justices and registrar of the Supreme Court from office .
The commission, in another complaint, Bobi Wine accused Chief Justice Dollo of bias for having previously been a lawyer for Gen Museveni and in the fourth complaint, the Chief Justice accused Justice Kisaakye of desecrating the Supreme Court and making disparaging and scathing attacks.
The Commission however indicated that the inquiry found Justice Kisaakye culpable and ought to be punished for the act.
“The commission is of the considered opinion that prima facie case has been established through this inquiry of probable grounds of misbehavior or misconduct on the part of Hon.Lady Justice Dr.Kisaakye,” The Commission Added
They recommended to President Museveni that the lady justice is removed from the Supreme Court.
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