KAMPALA, Uganda | Information has emerged that Justice Esther Kitimbo Kisakye, a former justice of Uganda’s Supreme Court, has gone into exile due to alleged threats to her safety. This development follows a series of high-profile incidents involving professional disagreements, disciplinary proceedings, and claims of judicial interference, raising concerns about judicial independence in Uganda.

Justice Kisakye’s troubles began during the 2021 presidential election petition filed by opposition leader Robert Kyagulanyi Ssentamu (Bobi Wine). While the Supreme Court dismissed Kyagulanyi’s application to amend his petition, Justice Kisakye dissented, arguing that the petitioner should have been granted more time to present his case. Her dissent displayed a significant departure from the court’s majority opinion.

Following the ruling, Justice Kisakye accused Chief Justice Alfonse Owiny-Dollo of confiscating her judgment files and preventing her from delivering her opinion in court. This incident highlighted internal tensions within Uganda’s judiciary and became a turning point in her professional trajectory.

In the aftermath of the election petition, the Judicial Service Commission (JSC) initiated disciplinary proceedings against Justice Kisakye. International observers, including UN Special Rapporteur Margaret Satterthwaite, expressed concerns that these proceedings were retaliatory in nature, targeting Justice Kisakye for performing her judicial duties. Critics also highlighted procedural deficiencies in the process, which they argued undermined judicial independence.

In July 2023, Justice Kisakye applied for early retirement, a constitutional right for judicial officers who have reached the age of 60. However, her request was denied by President Yoweri Museveni, who argued that her resignation would interfere with the ongoing inquiry by the JSC. This decision left Justice Kisakye in a precarious position, unable to leave her post on her own terms.

Amidst these professional challenges, Justice Kisakye reportedly received threats to her safety. A report filed by her lawyer in mid-2023 indicated credible warnings of imminent danger to her life. These threats, combined with the disciplinary proceedings and lack of institutional support, led her to leave Uganda. Justice Kisakye’s case has drawn international attention, with legal and human rights organizations advocating for her safety and the protection of judicial independence. A Washington-based law firm, Covington & Burling LLP, has taken up her case, working to highlight her plight and its implications for the judiciary in Uganda. The firm is mobilizing support and coordinating efforts to bring attention to her situation as a judge in exile facing retaliation for fulfilling her judicial responsibilities.