Tribute: Prof. Kanyeihamba, a gift that kept giving

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OPINION

By Patrick Gukiina Musoke

When the great jurists of Uganda are enumerated, it is inconceivable to omit the name of the late Prof. George Wilson Kanyeihamba.

Much in the spirit and stature of England’s Lord Denning, whose legal ingenuity transformed British legal thinking, Kanyeihamba’s contributions stand among the greatest in shaping Uganda’s jurisprudence alongside contemporaries such as Justice Stephen Mubiru.

The late Kanyeihamba began his illustrious legal career as a distinguished State Attorney, where his legal acuity was quickly recognised. He later advanced to pivotal roles, including Registrar and esteemed law lecturer at premier institutions such as Makerere University, Kampala International University, Portsmouth College of Technology, among others.

His simultaneous engagement in academia and legal practice laid the foundation for a lifelong dedication to shaping generations of legal professionals, instilling in them a deep respect for jurisprudence and the rule of law.

This duality, combining practice with scholarship, allowed him to influence not only case law but also legal education in Uganda. Notably, Prof. Kanyeihamba remains the only Ugandan to have served twice as both Attorney General and Minister of Justice under separate governments, reflecting exceptional political trust and legal expertise.

These unique appointments attest not only to his professional competence but also to his steadfast adherence to constitutionalism and ethics.

His tenure in public office was marked by efforts to enhance the rule of law and ensure access to justice, characteristics that cemented his reputation as a principled and reliable statesman.

Beyond Uganda’s borders, Kanyeihamba’s reputation as a jurist and reformer gained international stature as evidenced by his leadership in a Commonwealth panel investigating judicial corruption in Kenya, which contributed directly to constitutional reforms that strengthened judicial independence in Kenya.

Similarly, his advisory role during times of political unrest in Swaziland demonstrated his ability to apply legal acumen to restore order and promote human rights.

On the continental stage, his appointment as a pioneering judge of the African Court on Human and Peoples’ Rights underscored his dedication to social justice, human dignity, and the protection of fundamental rights. In this respect, his legal philosophy and judicial activism aligned closely with Lord Denning’s vision of a judiciary responsive to societal needs.

Also Central to Prof. Kanyeihamba’s legal thought was a robust commitment to judicial activism, the principle that judges should interpret the law in light of present-day realities, evolving social values, and constitutional imperatives.

By championing a judiciary engaged with contemporary issues, Kanyeihamba helped pivot Uganda’s courts towards a more assertive, accountable, and socially conscious role. Even in retirement, Kanyeihamba’s passion for justice remained undiminished.

Despite physical challenges that sometimes confined him to a wheelchair, he continued to represent clients zealously, embodying an indelible commitment to the rule of law.

Little wonder that several of his post-retirement cases were resolved based on his jurisprudential principles, underscoring the enduring influence and coherence of his legal reasoning.

Kanyeihamba’s academic contributions are no less significant, with over twenty major publications including the seminal Case Book on Lawyers' Ethics, Professional Fees and Charges, among others.

Kanyeihamba also frequently donated books to students and universities, demonstrating a belief that legal knowledge is a communal resource essential for national development.

In light of the foregoing, as we honour Prof. Kanyeihamba’s legacy, we are reminded of the profound impact one individual can have on the fabric of society. Let us strive to embody the values he championed and, in so doing, we shall honour his memory and ensure that his vision for a fair and equitable society continues to inspire future generations.

The writer is an Advocate of the High Court of Uganda, author and researcher.

gukiimeni@gmail.com