Justice Esther Kitimbo Kisaakye, a Supreme Court judge who had previously raised challenges against the highest echelons of Uganda’s Judiciary, has formally submitted a request for early retirement from her judicial position. She conveyed her decision to President Museveni, the appointing authority, through a letter dated July 18.

In this letter, Justice Kisaakye also sent copies to Chief Justice Alfonse Owiny-Dollo, the Chairperson of the Judicial Service Commission, and the Judiciary Permanent Secretary/Secretary. Notably, these three officials were named as respondents in a legal case she had initiated before the Constitutional Court.

Justice Kisaakye’s legal challenge primarily centered around the constitutionality of various administrative measures taken against her. These measures included investigations conducted without disclosing specific offense details or the identity of the complainant, a freeze on her pay, and her removal from her role as the head of administration at the Supreme Court.

The Judiciary had suspended certain privileges for Justice Kisaakye due to allegations that she had been absent from work. However, she argued that her absence was due to health reasons and had been communicated to her immediate supervisor, the Chief Justice.

In her legal action, Justice Kisaakye sought multiple declarations and 24 orders from the Constitutional Court, including the annulment of records indicating her absence from her duties.

The public dispute between Chief Justice Owiny-Dollo and Justice Kisaakye became apparent during the Supreme Court’s handling of a presidential election petition in 2021. Justice Kisaakye asserted that her file containing a dissenting ruling had been seized by court staff on the Chief Justice’s instructions, a claim that he vehemently denied.

Despite filing her case against the highest-ranking officials of the Judiciary in October 2022, there is no evidence to suggest that the Judiciary convened a panel of judges to hear her case.

In February of the current year, the Judicial Service Commission recommended to President Museveni that Justice Kisaakye be removed from her position as a Supreme Court judge.

Justice Kisaakye, who is currently 63 years old, is seven years away from the official retirement age for Supreme Court judges, which is 70. In her letter to the President, she invoked Article 144(1) of the Constitution of Uganda, which permits a judicial officer to retire at any time after reaching the age of 60.

Upon approval of her early retirement request, Justice Kisaakye would be entitled to a monthly retirement benefit equivalent to 80 percent of the salary payable to serving counterparts for the remainder of her life. She would also receive a one-time lump-sum retirement benefit calculated based on her annual salary and years of service, among other benefits.

Should her decision to retire early be accepted, the Supreme Court would be left with nine justices out of the recommended 11, following the recent passing of Justices Ruby Opio Aweri and Stella Arach-Amoko.