Supreme Court Justice, Dr. Esther Kisaakye Mayambala has dragged his boss the Chief Justice Alfonso Owiny Dollo (respondent No.1) to court.
Kisaakye Mayambala has also dragged the Judiciary Permanent Secretary, Pius Bigirimana (respondent No.2), Judiciary Commissioner Human Resource, Apophia Tumwine (respondent No.3), Chief Registrar, Sarah Langa (respondent No.4), Judicial Service Commissioner (respondent No.5) and the Attorney General (respondent No.6) to court.
A letter from the Registrar Court of Appeal tasked Dollo and his co-accused that, “Take notice that the Petitioner Justice Dr. Esther Kitimbo Kisaakye, JSC has filed a Petition against you in this Court. You are hereby required to file an answer within seven (7) days after the Petition has been served on you.”
“Should you fail to file the answer on or before the date above mentioned, the Petitioner may proceed with the Petition, which may be determined in your absence. Given under my hand and Seal of this Court this.”
KISAAKYE NARRATES ORIGIN OF HER WOES
In Her petition, Justice Kisaakye disclosed that her woes started when she decided to write and deliver her own ruling in the Presidential Election Petition of 2021, Kyagulanyi Ssentamu Robert vs. Yoweri Museveni Tibuhaburwa, Electoral Commission
& Attorney General.
She noted, “Your Petitioner notified the 1st Respondent and all other empanelled Justices of the Supreme Court that she was writing and would deliver her own Ruling in the Recusal Application together with her reasoned Rulings in Miscellaneous Applications No. 1, 4 and 5 of 2021.
“Following the withdrawal of Presidential Election Petition No. 1 of 2021, the Court then fixed 18th March 2021 as the date for the delivery of all the reserved reasons in Miscellaneous Applications No. 1, 4 and that from 18th March 2021 until the date of filing this Petition, the Respondents have jointly and severally engaged in unconstitutional acts and omissions which are inconsistent with and contravene the Constitution as outlined herein under.”
Kisaakye narrated that, “on 18th March 2021 the day set for delivery of final detailed
rulings in all Miscellaneous Applications arising from the said Presidential Petition, Court was convened and the majority reasons for the decisions were read by three Justices who were part of the majority.”
Kisaakye added that when Court was adjourned for 30 minutes, during the adjournment, Dollo asked her for copies of her ruling.
She says that she told him and the rest of the Justices that due to tight timelines within which the Court was working, she had not been able to complete typing of her Ruling and as a result her consolidated Rulings were partly typed and partly hand written. ‘
“Your Petitioner (Kisaakye) informed the 1st Respondent (Dollo) and other Justices of the
Court that there was no constitutional or legal requirement imposed on her to share her reasons before delivery since the Court had already made all its decisions and issued the respective summary Rulings in all the Applications under reference,” she said.
She added, “During the adjournment, the 1st Respondent (Dollo) then directed your
Petitioner (Kisaakye) not to deliver her Rulings on grounds that your Petitioner (Kisaakye) had not shared with the 1st Respondent and other Justices of the Supreme Court her detailed reasons for the respective Rulings which had been earlier reserved by the Court, as stated herein before.
“Your Petitioner (Kisaakye) maintained that position throughout the rest of the interaction with the Chief Justice and other Justices during the adjournment. She also informed the 1st Respondent (Dollo) and other Justices of the Court that she would go ahead and deliver her reasoned Ruling even though they had all declined to return to the Court.
“That following the 1st Respondent’s unconstitutional directive and the decision by 1st Respondent (Dollo) and the refusal of all other Justices of the Supreme Court to return to the Court, your Petitioner (Kisaakye) proceeded back to the Court Room to deliver her Ruling.
“As your Petitioner (Kisaakye) returned to the Court to deliver her Rulings, the armed police officers attached to the 1st Respondent ran ahead of her and collected your Petitioner’s Files along with those of other Justices.
“That during the adjournment, your Petitioner’s files containing her consolidated reasoned Rulings were confiscated by armed police officers on the directives of the 1st Respondent and they were handed over to the 1st Respondent.
“That subsequently, the lights and public address system in the Court tent which had served as the Court room were switched off and the Court room was locked up on the Orders of the 1st Respondent.
“That your Petitioner was compelled to use a duplicate file to deliver part of her Consolidated Rulings in Miscellaneous Applications No. 1, 4 & 5 of 2021 and she set the 19th day of March 2021 at 11:00am for delivery of her Ruling in Miscellaneous Application No. 3 of 2021.
“That thereafter, your Petitioner repeatedly requested the 1st Respondent and the Registrar of the Supreme Court to return her confiscated Rulings and Files to enable her to issue her full Rulings of the Applications but the 1st Respondent has continued to keep your Petitioner’s files since March 18th 2021 and has adamantly refused to return them.
“Your Petitioner also repeatedly requested the 1st Respondent and the Registrar of the Supreme Court to fix a date for delivery of her Ruling in Miscellaneous Application No. 3 of 2021 but the 1st Respondent refused the Registrar of the Supreme Court to fix a date for the Petitioner to deliver her said Ruling on grounds that the Court was functus officio. The 1st Respondent further directed the Registrar of the Supreme Court to close the File.
“That since 18th March 2021 to the date of filing this Petition, the 1st Respondent has continued to confiscate Your Petitioner’s Rulings and files and has obstructed your Petitioner from issuing her full reasoned Rulings in Miscellaneous Applications No. 1, 4, & 5 of 2021 to the parties and the public and from delivering her Ruling in Miscellaneous
Application No. 3 of 2021.
“That as a result of the 1st Respondent’s said actions, the Supreme Court of Uganda has not released its full reasoned Rulings in the said Miscellaneous Applications to the parties and the people of Uganda.
KISAAKYE NARRATES HOW SHE HAS BEEN “TORTURED”
Kisakye narrates that since then, Dollo and Bigirimana have made her life hard.
She adds that Dollo refused to allocate her work since then and Bigirimana refused to give her driver and bodyguard their leave allowances.
“That your Petitioner duly completed her leave and resumed her duties on 27th June, 2022 but the 1st and 2nd Respondents turned around and accused your Petitioner of having been away from office without official leave (AWOL) since September 2021.
“The 2nd Respondent (Bigirimana) has also refused to pay the allowances for Your Petitioner’s driver and body guard and your Petitioner contends that the 2nd Respondent’s omission to pay the leave allowances for the Petitioner’s driver and body guard is discriminatory, amounts to victimization and is inconsistent with and in contravention of articles 21 (1) & (2), 22, 26, 28(1) 40(1) (6), 42, 40 (1) (c), 128(1 ), (2) & (7) and 173(a) of the Constitution,” she says.
She adds, “That since Your Petitioner returned from her leave on 2th June 2022; she has since been omitted from Supreme Court duty rosters and cause-lists despite informing the 1st Respondent, the Administrative Judge of the Supreme Court and the Registrar that she is available and ready to work.
“That following the indefinite closure of the operations of the Supreme Court on 30th May 2022, the 1st Respondent directed that there would be a Justice on duty every week but your Petitioner has been excluded from all duty rosters released by the Registrar of the Supreme Court since 30th May 2022.”
Kisaakye says that her research assistant was also withdrawn and transferred to Jinja.
She narrates, “That on 7th July 2022, your Petitioner’s Research Assistant (who had been recently appointed as Magistrate Grade I in accordance with Judiciary policy) was summarily removed from the Petitioner’s chambers by the 4th Respondent and redeployed in Jinja with the knowledge of the 1st Respondent.
“That in contrast, the Research Assistants of all other Justices of the Supreme Court who had also been appointed as Magistrates Grade I, were retained by the respective Justices of the Supreme Court where they had been serving prior to the appointment.”
Kisaakye adds that Bigirimana even denied her a letter of undertaking when she asked for a salary loan from the bank.
“That on 22nd June 2022, Your Petitioner applied to the 2nd Respondent for a letter of undertaking to her bankers for a salary loan top up, and the 2nd Respondent declined to write the said letter of undertaking on grounds that your Petitioner was under investigations by the 5th Respondent,” she says.
She contends that Dollo, Bigirimana and the Attorney general removed her from the judiciary payroll.
“That on an unspecified date, the 2nd Respondent purportedly acting under Article 164(1) of the Const1tut1on gave instructions to the judiciary staff responsible for processing Judges’ salaries not to process your Petitioner’s salary and benefits with effect from July
2022.
“That your Petitioner was consequently removed from the Judiciary and Government payroll and was not paid her salary and benefits for July and August 2022 to her great financial and social embarrassment, general inconvenience, mental anguish and adverse publicity and institutional ridicule.”
SETS TOUGH TERM FOR DOLLO AND TEAM
Kisaakye wants court to compel Dollo, Bigirimana and other respondent to;
Immediately reinstated as the administrative Justice of the Supreme Court by the 1st Respondent.
The Petitioner be included in the Supreme Court duty rosters and cause lists and be allocated work to do.
The Petitioner be refunded with the cost of buying a pair of reading glasses and the expense incurred for the eye surgery in the United States of America.
The 2nd Respondent pays interest at 25% per annum on the Petitioner’s salary and allowance for the period when the said salary and allowances were unconstitutionally withheld by the 2nd Respondent and also pays all the Bank penalties incurred by the Petitioner to her bankers when her salary was not remitted to the Bank to service her salary loan with compound interest thereon at 2S°/c, per annum from the time the penalties were incurred till payment in full.
The Respondents jointly and severally pay General Damages to the Petitioner with interest thereon at 25% p.a from date judgment till payment in full for;-
- Damages to her judicial, professional and personal reputation from 18th March 2021 till the filing of this Petition.
- Pain, suffering and mental anguish suffered from 18th March 2021 till the filing of this Petition.
- Damage to her credit worthiness with her bankers for the delayed payment of her salary loan instalments.
Kisaakye also wants the respondents to jointly and severally pay the Costs of the petition.
By Hope Kalamira
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