President Yoweri Museveni has rejected the request by Supreme Court judge Esther Kitimbo Kisaakye for her early retirement.
In a letter dated October 2, 2023, Museveni said, “I have received your letter tendering your early retirement. As per the law, I can obstruct your wishes.” Adding, “However, that will preempt the work of the judicial commission of enquiry or the Tribunal.”
Museveni added, “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.”
Esther Kitimbo Kisaakye had decided to retire early from the Judiciary. The details of her retirement decision were communicated in a letter written to President Museveni dated July 18, 2023.
Kisaakye’s letter read, “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.”
According to the letter, Kisaakye said that Museveni appointed her to serve as a Justice of the Supreme Court on October 12, 2009 and by the time she wrote this letter, she had served in the Supreme Court for 13 years and ten months.
In 2022 Kisaakye sued t Judiciary top officials including the Chief Justice Owiny-Dollo, Permanent Secretary Pius Bigirimana, Chief Registrar Sarah Langa, Commissioner Human Resource Apophia Tumwine and the Judicial Service Commission and Attorney General in the Constitutional Court seeking 24 orders among dozens of other declarations so that a record showing that she has been away without official leave be quashed and be assigned duties, and reinstated as the administrative head of the Supreme Court.
In her petition, Kisaakye said that effective March 18, 2021, from the Presidential Election Petition filed by Robert Kyagulanyi Ssentamu against President Museveni, the respondents jointly and severally engaged in acts that are inconsistent with the constitution.
