Muslim lawyers, leaders want Justice Bukirwa’s appointment expedited

By Abdul-Wahid Kakande

Muslim lawyers and leaders are calling on President Yoweri Museveni to expedite the appointment of Justice Faridah Shamilah Bukirwa as a substantive judge of the High Court. This comes after the Judicial Service Commission (JSC) disciplinary committee cleared her of allegations of abuse of judicial authority and bias which resulted from a complaint filed against her by First Deputy Prime Minister, Rebecca Kadaga.

In the complaint, Kadaga accused Bukirwa of fixing a ruling for an excessively long period, amounting to abuse of judicial authority and bias. However, the commission found that Bukirwa had given the longer adjournment due to her busy diary and that the accusations were baseless.

Kadaga’s complaint, and another by the Mufti, Sheikh Shaban Ramathan Mubaje, had Bukirwa’s appointment as a substantive judge of the High Court delayed despite getting Parliamentary approval for her appointment. President Yoweri Museveni withheld her instrument of appointment, and she was subsequently dropped as resident judge of the High Court in Jinja.

The delay in Bukirwa’s appointment had raised concerns, with some MPs inquiring about the matter in Parliament. During the November 28 plenary sitting of Parliament, Butambala Woman MP, Aisha Asha Kabanda, November 28, asked the Prime Minister, Robinah Nabbanja to explain why Bukirwa, the only Muslim among the 16 judges who were appointed in 2022, had not received her instrument of appointment.
Without a ready answer from the Prime Minister, the Speaker, Annet Anita Among, informed the MPs that Bukirwa was a victim of political intrigues.

“I am happy to learn that the Judicial Service Commission has cleared Justice Bukirwa’s name, paving the way for her reinstatement. Now that she has been exonerated, justice demands that we press the government for her reinstatement,” Aisha Kabanda, a member of the Muslim Parliamentary Caucus told The Friday Call, adding, “The fact that she’s the only Muslim lady judge makes her appointment even more significant.”

Siraje Katantazi, the chief executive officer of the Uganda Muslim Lawyers Association (UMLAS) said: “We are very grateful that the Judicial Service Commission (JSC) has analysed the allegations and found that she is completely innocent of the allegations that had been raised against her. We commend JSC for expediting the process. We recommend that her instrument [of appointment] be immediately processed so that she can resume her work. As Uganda Muslim Lawyers, we continue to advocate for the rule of law. We congratulate her and wish her the best in her career.”

When contacted, Dr Rose Nassali Lukwago, the JSC permanent secretary, explained that while the commission’s disciplinary committee found that the allegations which had been raised against her lacked merit, the President reserves the powers to determine her fate because he is the appointing authority.

“I wouldn’t know her fate because the JSC is not the appointing authority. It is the President who decided not to sign her instrument and he is the one to determine her fate,” Lukwago said.

Bukirwa’s troubles with the Mufti began when she handled a high-profile case at the Jinja High Court, pitting Mubaje against his former deputy, Sheikh Abdallah Ssemambo.

The case stemmed from a special sitting of the UMSC general assembly at Gangu Primary School in Wakiso district, where a section of UMSC leaders resolved to suspend Mubaje for six months, and Sheikh Abdallah Ssemambo assume the role of Mufti in an acting capacity. Mubaje accused Bukirwa of bias and petitioned the principal judge, Dr Flavian Zeija to have her withdrawn from the case. Zeija subsequently reassigned the case to Dr Douglas Singiza, who is expected to deliver a judgment in January next year.