Justice Kisakye refused to share her ruling - Judiciary

Solomon Muyita, the Judiciary Spokesperson, has spoken out on the drama that ensued on Thursday as the Supreme Court justices gave their detailed judgment on the withdraw of the presidential poll petition. 

The nine justices had earlier granted former presidential candidate, Robert Kyagulanyi alias Bobi Wine’s prayers to withdraw his petition challenging the outcomes of the January 14 presidential elections. The detailed judgment was however deferred to Thursday March 18. 

Thursday was the 45^th day, which is the legal deadline for the justices to deliver their ruling on a presidential poll petition. Therefore, all judgments including those of dissent were to be delivered within the set timeline. 

However, after the eight justices, including the Chief Justice, Alfonse Owiny-Dollo, who is also the head of the bench, delivered their majority ruling, Justice Esther Kisaakye, who was the only one dissenting, had her ruling removed from her by security allegedly on the orders of the Chief Justice. 

In protest, she got a draft copy of the ruling and read to the cameras, petitioner’s lawyers and journalists who were covering the proceedings. The other justices boycotted her ruling, leaving her on the bench, alone. The lights and the public address system were also switched off. 

Kisaakye told journalists that the Chief Justice had asked her to delay her ruling and wait for a date he would appoint for her to deliver it. He had also purportedly said she could deliver her minority ruling only after the other justices perusing it. 

“When I was appointed a judge of this court in 2009, I swore to uphold the constitution of Uganda and I also took the judicial oath, and I am acting based on those undertakings I made. I felt it is my constitutional duty to disobey the unlawful orders of the Chief Justice and fulfill my duty as a member of this coram to deliver my decision within the 45 days that are required under article 144 of the Constitution,” she said. 

In response today (Friday), Muyita, while appearing on a local TV station, said Justice Kisaakye had received copies of the other justices and they expected the same from her. 

He said when she declined to share her ruling, Owiny-Dollo sensed that something was not right and decided to move the matter to a later date. 

“The Chief Justice sent for her and when she came she said she wasn't willing to share her ruling. The other justices didn't find this proper so they didn't follow her to the courtroom,” he said. 

He noted that on Thursday before the drama, Kisaakye had indicated that her ruling was not ready.  

“When they asked her to circulate it, she said she was finalising something. The practice in every case is that the justices work on it together. In this particular case, I learnt that the justices agreed that some of them would generate their rulings, and share with colleagues,” he explained.