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Justice Kisakye deserves fair hearing – ICJ
Justice Esther Kisakye. PHOTO | FILE
What you need to know:
- The ICJ has called upon the JSC to ensure that Justice Kisakye’s procedural rights are fully respected and in particular, her right to receive her salary and other benefits be restored and that she must be duly notified of any disciplinary proceedings pending against her.
The International Commission of Jurists (ICJ) has expressed concern about allegations of “arbitrary” and “unfair treatment” being subjected to Supreme Court judge Esther Kisakye, and the implications this may have on the independence of the Judiciary.
In a statement released on August 30, the ICJ says Justice Kisakye has lately come under disciplinary proceedings by the Judicial Service Commission (JSC), without proper notice or due process given to her, and that her salary has been suspended for not working for the last nine months.
The ICJ comprises of 60 eminent judges and lawyers, from all parts of the world and all legal systems – with unparalleled knowledge of the law and human rights.
“ICJ has received reports indicating that a disciplinary inquiry was initiated by the Judicial Service Commission (JSC) following Justice Kisakye’s decision to deliver her dissenting judgment in one of the 2021 presidential election petitions,” read in part the ICJ statement, which this publication has seen.
Adding: “Reports received by ICJ indicate that Justice Kisakye is now being investigated by the JSC on charges that are yet to be disclosed to Justice Kisakye and the public. The ICJ also understands that the payment of Justice Kisakye’s salary, housing, medical and other benefits has been stopped since July 2022 by the Secretary to the Judiciary, on allegations that she has been away from her duties without official leave since September 2021.”
According to the ICJ, Justice Kisakye’s woes started when the runner up of the 2021 presidential elections, Mr Robert Kyagulanyi alias Bobi Wine, petitioned the court where she sits.
Mr Kyagulanyi was contesting the victory of President Museveni.
The international justice body goes on to contend that while Justice Kisakye was delivering her dissenting judgment, which was covered by the members of the press on March 18, 2021, she claimed Chief Justice Alfonse Owiny-Dollo, had attempted to obstruct her from handing down her dissenting judgment.
Justice Kisakye then heaped blame on the Chief Justice whom she accused of ordering the confiscation of her file. She, however, said she would not delve into detail of what she described as internal matters of the country’s highest court of appeal.
The international justice body says it is concerned about the said inquiry by the JSC that commenced without duly informing Justice Kisakye as required under both domestic and international human rights law.
Mr Ramjathan Kaajal, the director of ICJ Africa in a statement said: “ICJ is concerned about these reports as they suggest violations of Uganda’s obligations, under African and universal international human rights law, to ensure due process and the right to a fair hearing for any person accused of criminal or ethical misconduct. Any charges against Justice Kisakye should be clearly stated and the evidence substantiated, presented and subject to challenge. These reports also suggest interference with the independence of the judiciary.”
Going forward, the ICJ has called upon the JSC to ensure that Justice Kisakye’s procedural rights are fully respected and in particular, her right to receive her salary and other benefits be restored and that she must be duly notified of any disciplinary proceedings pending against her.
When contacted, the Secretary to the JSC, Dr Rose Nassali Lukwago, said: “The JSC has not minted out any disciplinary decisions against her. The Commission has processes and procedures. We will go through all those.”
When asked about stopping the payment of Justice Kisakye’s salary and work relate benefits, Dr Nassali referred this reporter to the Judiciary.
“JSC has nothing to do with the stopping payment of her salary, it’s the Judiciary,” Dr Nassali said.
Mr Pius Bigirimana, the Secretary to the Judiciary, said the disciplinary case has nothing to do with withholding her salary and benefits.
However, he confirmed that her salary would only be paid to her once he is told that she has resumed work.
“That case has nothing to do withholding her salary. Why would I pay her when she is not working? Anybody, saying I pay salary, let them pay her. I can only pay only if I am told that she is she working.” Mr Bigirimana said by telephone on Thursday.
