Justice Kavuma refuses to recuse self in Ssemakadde contempt sentence.
Kampala, Uganda: High Court judge Joyce Kavuma has refused to withdraw from handling the application filed by self-exiled Uganda Law Society (ULS) president Isaac Ssemakadde seeking to halt a two-year jail sentence for contempt of court, saying she has “no reason to recuse” herself.
Delivering her decision on August 19, Justice Kavuma said she was duty-bound to proceed with the case. “Having received the request for recusal and considering the court diary as well as the recent court vacation, I find no reason to recuse myself from hearing the application,” Justice Kavuma stated.
The development followed a June 13 letter in which Ssemakadde had formally asked the judge to step aside, a request reiterated by his lead lawyer Peter Walubiri at the start of proceedings.
“My Lord, we are not aware whether you have taken any decision on the request for recusal. I would appreciate to know your decision and then move ahead in this matter,” Mr Walubiri submitted.
Following her refusal, Walubiri pressed ahead to argue the application filed under Section 98 of the Civil Procedure Act, urging the court to stay execution of Justice Musa Ssekaana’s ruling and suspend Ssemakadde’s sentence pending appeal.
He argued that Justice Ssekaana “was the complainant, victim and judge in his own cause,” creating bias. Walubiri further maintained that scandalising the court does not amount to contempt and that there was no proof the social media posts cited originated from Ssemakadde.
“The intended appeal has strong merits, and if a stay is not granted, Mr Ssemakadde will be arrested and serve the sentence, rendering his right of appeal nugatory,” Walubiri told court.
But State prosecution, led by attorneys Marvin Kigula and Joseph Ogwang, opposed the application, insisting the matter stemmed from criminal contempt, where the only proper remedy was bail pending appeal, not a stay of execution. They pointed to the 2022 case of lawyer Male Mabirizi, whose sentence was upheld under similar circumstances.
Ogwang also faulted the timing of Ssemakadde’s affidavit, sworn before the appeal was formally filed, describing the application as incompetent.
In rejoinder, Walubiri insisted the contempt ruling was civil in nature since no charges were framed, no plea was taken, and no trial was conducted under the Penal Code.
Justice Kavuma has reserved her ruling on whether to grant the stay until September 15, 2025.
(Daily express)