Ssemakadde asks court to halt his trial

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The embattled Uganda Law Society (ULS) president, Isaac Ssemakadde, has filed an application, asking Buganda Road Chief Magistrate, Ronald Kayizzi, to temporarily stay his trial pending the determination of his constitutional petition.

Ssemakadde, who has been out of the country for a while, is battling charges of insulting the modesty of a woman.

The charge of insulting the modesty of a woman is contrary to section 115(3) of the Penal Code Act, and on conviction, it attracts a maximum punishment of one year or a fine determinable by the court.

The charges were opened against him by fellow lawyers Joshua Byamazima and Tonny Tumukunde as private prosecutors.

This followed a viral video clip showing him attacking Principal Judge designate Jane Frances Abodo, using words, which the private prosecutors argue are not only derogatory but criminalised under section 115(3) of the Penal Code Act.

Ssemakadde has been living abroad ever since he was found guilty of contempt of court by Justice Musa Ssekaana after he allegedly insulted him on social media.

An arrest warrant was later issued against him by the chief magistrate to answer the charges of insulting the modesty of a woman.

In a notice of motion dated August 22, 2025, Ssemakadde, through his lawyer Brian Akandwanaho of M/s Mukiibi and Kyeyune Advocates, wants the court to temporarily stay his trial on grounds that they have since filed a constitutional petition challenging the constitutionality of section 115(3) of the Penal Code Act.

In the petition, Ssemakadde contends that section 115(3) of the Penal Code Act is vague, overly broad and violative of Articles 21, 29(1)(a) and 43 of the constitution.

Requesting the chief magistrate to stay the trial, Ssemakadde argues that he is also challenging what he describes as procedural irregularities in a revision application which he had filed before the High Court including alleged violation of his right to fair hearing and judicial impartiality guaranteed under Article 28(1), 44(c) and 128(1) of the constitution, arising from the actions of the presiding judge Paul Gadenya and assistant registrar, Ssalaamu Godfrey Ngobi.

According to Akandwanaho, the petition raises serious questions of law regarding the validity of the charge against Ssemakadde and the judicial process at the High Court, which, if determined in Ssemakadde’s favour, would render the proceedings against him null and void.

Inviting the chief magistrate to temporarily stay the criminal proceedings against Ssemakadde, Akandwanaho argues that Ssemakadde’s petition has a high likelihood of success and thus it is in the interest of justice that the criminal proceedings against him be stayed.

However, in an affidavit in reply to Ssemakadde’s application, Tumukunde argues that filing a constitutional petition does not operate as an automatic stay of criminal proceedings unless expressly ordered by the Constitutional Court under Article 137(5) of the Constitution. Court is yet to fix the application for hearing.

Meanwhile, lawyer Robert Rutaro has since withdrawn charges of offensive communication, which he had opened against Ssemakadde. Rutaro had accused Ssemakadde of insulting Ssekaana.

However, in a notice of withdrawal dated September 10, Rutaro stated that he has no information or evidence to offer to the office of the Director of Public Prosecutions (DPP) in regard to the matter.

“As fellow advocate, I recognise the importance of allowing Ssemakadde in his capacity as ULS president to focus on the critical responsibilities of leading our national bar association without the burden of this prosecution. I have no desire to participate in or contribute in the prosecution of another lawyer and hereby affirm my unconditional withdrawal from this matter,” Rutaro stated.

Ssemakadde is also still battling a two-year jail term that was imposed on him by justice Ssekaana before he was elevated to the Court of Appeal.

Ssekaana imposed the jail term on Ssemakadde after finding him guilty of contempt of court after he allegedly insulted him.

The application to have Ssemakadde jailed for contempt of court was filed by Attorney General Kiryowa Kiwanuka.

Ssemakadde allegedly said the rulings of Justice Ssekaana are like the size of his private parts.

However, he has also since filed an application seeking stay of implementation of the jail term on grounds of a pending appeal and a constitutional petition.

In September last year, Ssemakadde was elected the ULS president. However, ULS is set to convene an annual general meeting to determine whether he should be a granted another year at the helm of ULS.

However, some lawyers, such as Eron Kiiza, have since expressed interest in replacing Ssemakadde, arguing that his style of leadership cannot take ULS to great heights.

From onset, Ssemakadde faced resistance from some members of the ULS, arguing that his leadership style was not suitable despite having overwhelmingly voted into office.

Riding on the slogan of “bang the table, back on track”, Ssemakadde has found himself in conflict with the Attorney General, Kiryowa Kiwanuka, DDP Jane Frances Abodo and Chief Justice Alfonse Owiny-Dollo.

This, some members of the legal fraternity argue, was a grave mistake for him. However, some are happy, arguing that it has put the institutions responsible for administration of justice in the country in checks.