KAMPALA, Uganda — The poignant image of retired Supreme Court Justice George Kanyeihamba in tears, captured by television cameras in a Constitutional Court corridor on March 18, 2015, continues to resonate within Uganda’s legal community. The moment, stemming from alleged deliberate obstruction, underscored the late jurist’s deep frustration and unwavering commitment to constitutional principles.
Then a practicing advocate, Justice Kanyeihamba claimed he was intentionally prevented from filing an urgent application that morning. The application, filed on behalf of then-Western Youth MP Gerald Karuhanga and city lawyer Eron Kiiza, sought to block Parliament from vetting Justice Steven Kavuma as the substantive Deputy Chief Justice. Kanyeihamba was the legal counsel in the case, arguing that Kavuma’s appointment was unconstitutional because his name had not been endorsed by the Judicial Service Commission (JSC), a required procedure.
According to Kanyeihamba, upon reaching the court Registry with the application, staff members began to leave one by one, eventually abandoning him. Stranded and seeking assistance from other registries without success, time elapsed. As he sought help, Members of Parliament proceeded to vet and approve Justice Kavuma’s appointment, rendering Kanyeihamba’s application moot.
Overwhelmed, the veteran jurist was seen weeping openly at the court premises. “When I reached the registry of court, you can’t believe that this is a court building, but it’s like a circus, like a market place in Katwe or Kikuubo, which is why I am crying,” Prof. Kanyeihamba lamented at the time. “I have never cried publicly discussing public matters but today; I cry for Uganda, I cry for our constitutionalism.”
This incident was among several notable cases Justice Kanyeihamba handled after his retirement from the Supreme Court at age 70.
Notable Cases and Controversies
Another high-profile case where Prof. Kanyeihamba served as a lawyer was the contentious “rebel NRM MPs case.” He represented four Members of Parliament — Theodore Ssekikubo (Lwemiyaga County), Barnabas Tinkasiimire (Buyaga County), Wilfred Niwagaba (Ndorwa East), and Muhammed Nsereko (Kampala Central) — who had been expelled from Parliament after their removal from the ruling National Resistance Movement (NRM) party due to alleged indiscipline.
However, the proceedings were marked by visible friction. Throughout the Constitutional and Supreme Court hearings, there were public outbursts and disagreements between the legislators and Prof. Kanyeihamba. At one point, the renowned lawyer reportedly stormed out of a heated court session, leaving his clients unattended.
The misunderstandings escalated, leading the MPs to hire a new legal team. This resulted in a clash with Kanyeihamba, culminating in the MPs filing a parallel stay of execution of interim orders before the Supreme Court. The dispute eventually led Prof. Kanyeihamba to sue the lawmakers for Shs300 million in legal fees.
Ultimately, the legislators issued a public apology to Prof. Kanyeihamba. “In a statement signed on our behalf by Hon. Ssekikubo, we the four expelled NRM rebel MPs through third-party mediation, have apologised to Prof. Kanyeihamba and Co. Advocates and Mr. Emmanuel Orono for our unacceptable behaviour during the hearings of our petition in the Appellate Courts of Uganda,” their press statement read. The statement added: “We fully recognise and are grateful that it was mainly through the courageous and professional efforts of Prof. Kanyeihamba and his legal team that our stay in Parliament today remains a reality. We have assured professor that he is still our lead counsel in the petition.”
