Justice Kisaakye sues Kanyeihamba over defamation

The Supreme Court judge Esther Kitimbo Kisaakye has dragged retired judge George William Kanyeihamba to court over defamation in his book titled ‘IN THE NAME OF GOD, TRUTH & JUSTICE’.

Justice Kisaakye in her law suit filed before the High Court in Kampala, accuses the retired Supreme Court Judge and Mr Michael Kalule Buwembo trading as MICAR BOOKS for alleged defamation, invasion of privacy, unlawful conduct, permanent injunction, general damages, exemplary damages, aggravated damages, costs and interests.

According to the court documents, the book that was published by Mr Buwembo publicised Justice Kanyeihamba’s defamatory letter complaining to the Chief Justice Bart Katureebe about Justice Kisaakye’s academic qualifications. She says this was an unlawful conduct short circuiting the constitutional and statutory provisions for filing complaints against a judge.

“The complaint letter purported to have inside knowledge of the plaintiff’s (Justice Kisaakye) academic qualifications, judicial acts and omissions, court correspondence which the defendants (Justice Kanyeihamba and Mr Buwembo) are all not privy to under any element of law,” reads in part the court documents.

The January 18, 2016 letter that was published in the said book describes Justice Kisaakye as not being worthy of her office and thus she ought to be investigated for incompetence and was complained about by her colleagues who revealed she was defiant to the Chief Justice.

Justice Kanyeihamba also indicated that during their recorded discussion with Justice Katureebe, he (Katureebe) said that Justice Kisaakye’s behaviour and acts make her unfit to continue being a judge, let alone of the Supreme Court.

“You told me that she has consistently defied you as Chief Justice in the Supreme Court by not circulating her draft judgements to you and colleagues for comment or corrections before delivery, which is against the practice in court,” court documents read in part.

Justice Kisaakye states that the offending book was published in Uganda and is sold widely in many parts of the world including Uganda in which she also purchased one from Aristoc Book shop at Shs50000.

She further states that the offending book was compiled, authored by Justice Kanyeihamba and Mr Buwembo published and printed it for which both of them are governed by the laws which do not establish the office of the Chief Justice as the forum for filing any complaints against judges.

“The plaintiff’s exposure and reputation which extends far and wide beyond Ugandan borders has been severely and wantonly attacked and injured in said letter published in the said book,” court documents further read.

Justice Kisaakye states that the said book has framed her as someone who does not cooperate with her colleagues, disrespects the Chief Justice, makes substandard and valueless decisions, and has abused her profession as a judge.

She states that the publication was made in permanent form thus there is no limit as to the secondary publication whenever a new reader reads the book for the first time.

Through her lawyers of Muyanja & Associates, Justice Kisaakye wants court to direct Justice Kanyeihamba to hire a public relations firm at their cost to rebuild her image by publishing in prime space on a reputable television station content which is acceptable to her over a course of time to clear her image.

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