KAMPALA-President Yoweri Kaguta Museveni , the appointing authority for judicial officers , has responded to Justice Esther Kitimbo Kisakye’s letter addressed to him about her early retirement from the Judiciary.
It should be remembered that in a letter dated 18th July 2023, addressed to President Museveni, Justice Kisakye asked the president Museveni to allow her retire from judicial service since she had clocked 60 years , the age at which judicial officers can voluntarily retire from the service.
“Article 144 (1) of the Constitution of Uganda permits a Judicial Officer to retire at any time after attaining the age of sixty years. I am now aged 63 years . In accordance with the said article, I hereby tender in my early retirement from the Supreme Court,” Kisaakye quoted in her letter.
This letter was copied to the Chief Justice, Chairperson Judicial Service Commission, Permanent Secretary/Secretary to Judiciary and her alternative contact person David Musoke and lawyer Peter Walubiri.
In his letter dated 2nd October 2023, President confirmed having received the letter for Kisaakye’s retirement , but asked her to wait for the tribunal to conclude its investigation on her conduct.
“As per the law, i can not obstruct your As per the law, I can not obstruct your wishes. However, that will pre-empt the work of the Judicial Commission of Enquiry or the Tribunal. Apparentiy, you made some strong statements against the Chief Justice. Either thosestatements were right or were wrong.” reads the part of the letter
Museveni added that its now the tribunal’s work to conclude its process and provide a way forward on her intended retirement.
This letter was copied to the Chief Justice, Attorney General and Judicial Service Commission.
Friction in the judiciary
In 2022 Kisaakye dragged top administrators of the Judiciary including the Chief Justice Owiny-Dollo, Permanent Secretary Pius Bigirimana, Chief Registrar Sarah Langa, Commissioner Human Resource Apophia Tumwine and the Judicial Service Commission seeking for a number of orders and declarations.
Among her grounds was the secretive investigations against her disguised as a general inquiry, denial of leave, refusal by the Chief Justice to allocate her work, and refusal to reinstate her research Assistant, withholding the allowances of her driver and bodyguards, denial of a letter of undertaking to her bankers and her subsequent removal from the judiciary and government payroll.