By Anthony Wesaka
President Museveni has turned down a request by Supreme Court judge Esther Kitimbo Kisaakye to retire early.
The judge’s application to leave nearly seven years ahead of schedule had been lodged three months ago in mid-July.
It was filed against the backdrop of a reportedly difficult time on the bench for her in recent years. Those tensions are suspected to have exploded in the current storm of controversy she finds herself in, involving Chief Justice Alfonse Chigamoi Owiny-Dollo and other top Judiciary officials.
In his October 2 letter rejecting Jus- tice Kisaakye’s request, the President reasons that she is still the subject of an ongoing inquiry and so cannot leave just yet.
The inquiry being conducted by the Judicial Service Commission (JSC) is looking into comments the judge al- legedly made about Chief Justice Owiny-Dollo at the tail end of a 2021 presidential poll petition hearing at the Supreme Court.
“I have received your letter of the 18th of July, 2023, tendering in your early retirement. As per the law, I cannot obstruct your wishes.However,that will pre-empt the work of the Judicial Commission of Inquiry or the Tribunal,” President Museveni wrote.
The President observed further that, “Apparently, you made some strong statements against the Chief Justice. Either those statements were right or were wrong. It is the Tribunal that can conclude that. It is thereafter that the way forward will be clear for you.”
On July 18 this year, Justice Kisaakye wrote to President Museveni in his capacity as the appointing authority, asking to be allowed to retire early from judicial service. The thrust of her petition was that the Constitution allows her to leave since she is now more than 60 years of age.
By law, Uganda’s Supreme Court judges must retire upon clocking 70 years, but can also voluntarily step down ten years before due date. Justice Kisaakye was 63 when she asked to leave.
