Harmony in Judiciary is a bedrock of trust
AG Kiryowa Kiwanuka, Justice Esther Kisaakye and CJ Alfonse Owiny-Dollo.
Not many institutions in government get an A-rating from the population they serve. In most of the surveys done the Uganda Police and Judiciary often come off as self-seeking and corrupt.
For the Judiciary, some do not think that they can win a case without using underhand methods to influence judges. We may be walking down a dangerous path where the masses do not seek dispute resolution in courts of law and prefer draconian measures.
In addition, many cases in court take long to be resolved due to the inadequate number of judicial officers and resources. You want to sympathise with the arguments raised by the justice ministry and the chief justice that often show the need for more funding.
This argument will not die even as government increased funding to the judiciary in this financial years 2022/23 to enable the institutions recruit more judges and set up more regional court sessions. We are far from reaching an optimal level that satisfies all parties involved.
Against this background, the Judiciary needs positive PR to repair its fading image in the eyes of the pubic. This is what makes the latest episode of controversy involving Chief Justice Alphonse Owiny-Dolo and Supreme Court Justice Esther Kisaakye extremely unwelcome.
It is not unprecedented that a judge goes to court seeking remedies, but it’s unprecedented for a judge to drag the entire Judiciary to court like Justice Esther Kisaakye has done.
The Sunday Monitor dated October 16, https://www.monitor.co.ug/uganda/magazines/people-power/inside-justices-kisaakye-owiny-dollo-fallout details a long-standing acrimonious relationship between the two.
While it’s clear that it’s within Justice Kisaakye’s right to seek legal redress, what comes in this trial is a housekeeping issue that has seen guests arrive at a front door that has a heap of dust.
No one is going to walk into or leave this house with a clean wig. It’s inevitable that white will turn into brown. Fuelled by an emotional outburst, they perhaps don’t care about how dirty they will be when this is done.
All other well-intentioned Ugandans should care about how soiled the Judiciary will be when a case like this is concluded.
In any working environment, a harmoniums relationship with colleagues - superior or otherwise - is more important than rules and human resources manuals.
Who is in charge of calling judges to order when they error? The Judicial Service Commission has got to stand to ensure that one of the three arms of government is not dragged in the mud. When we lose the Judiciary, there are no winners, not even in court rulings.
