Kanyeihamba’s robe may hang, but his truth will live on forever

Former Supreme court justice GEORGE KANYEIHAMBA, who passed on at Nakasero hospital aged 85 on July 14, was one of the most recognizable pillars of Uganda’s legal jurisprudence.

Renowned for his courage, valour, incorruptible spirit, tough stance and advocacy for the separation of powers, he delivered several landmark publications and judgements that placed human rights at the expense of state influence.

Laid to rest yesterday at his home in Buziga, Kanyeihamba’s legacy is summed up in this fitting eulogy by Anthony Asiimwe, the vice president of the Uganda Law Society (ULS). To The Observer readers, I am reaching out in my capacity as the vice president of the Uganda Law Society (ULS), holding brief for our Radical New Bar President Isaac Kimaze Ssemakadde, SC.

I present this tribute from ULS in honour of the indomitable spirit of Justice Prof Dr George Wilson Kanyeihamba, a colossus of Uganda’s legal, political and moral landscape, who passed away on July 14. Prof Kanyeihamba was more than a judge. He was a consummate politician who stood unyieldingly for justice, constitutionalism and the rule of law.

He was an academic and author who never relented from his calling. Above all, he was an exemplary citizen—a patriot whose life was spiced with courage, conviction, and an unrelenting fight for a better Uganda. He vividly showed us what it means to be pro-citizen.

To the bench, to the bar, to the nation, and particularly to those who cherish truth over convenience, let us honour Justice Kanyeihamba by following his example of writing memoirs to immortalize the lessons of our lives for the future generations.

I would be remiss not to emphasize at this occasion that Justice Kanyeihamba was staunchly proud of a radical dimension to his life and career.

RETURNING TO ACTIVE LEGAL PRACTICE UPON RETIREMENT

When Justice Kanyeihamba retired from the Supreme court in 2009 at the mandatory age of 70, most expected him to fade into a quiet, sedentary retirement. Not Kanyeihamba. He returned to active legal practice with a vigour that shamed younger advocates, taking on cases that challenged the status quo.

Even in his 80s, he filed a constitutional petition from his wheelchair to oppose President Museveni’s attempt to remove bail provisions, demonstrating that age could not dim his radical fire.

As noted by senior advocate Erias Lukwago, the Kampala lord mayor and constitutional law giant, Justice Kanyeihamba “remained engaged in legal activism even in his final days,” a testament to his refusal to abandon the battlefield of justice.

CAMPAIGNING AGGRESSIVELY AGAINST JUDICIAL CORRUPTION AND INCOMPETENCE

Justice Kanyeihamba was a relentless critic of judicial rot. He publicly condemned the “creeping authoritarianism and judicial interference” that plagued Uganda’s courts, calling out corruption and incompetence with a clarity that put the powerful at great unease.

His writings, including The Blessings and Joy of Being Who You Are (2012), exposed the internal dynamics of judicial misconduct, such as the last-minute reversal of decisions in the 2006 presidential election petition. He didn’t just critique; he demanded reform, urging the judiciary to “discard colonial tools of suppression” and embrace accountability.

His voice was a clarion call for a corruption-free judiciary, a mission the Radical New Bar proudly carries forward.

JUSTICE KANYEIHAMBA WEPT!

In a poignant display of his passion for justice, Justice Kanyeihamba was moved to tears at the Constitutional court a decade ago when its administrators refused to register a filing he deemed critical but which they found controversial and offensive.

This was no ordinary petition; it was a bold challenge to executive overreach and his emotional response underscored his deep personal investment in the rule of law.

As a jurist who saw the Constitution as a living covenant, his tears were not of weakness but of frustration at a system that dared to silence truth. This moment, captured in NTV footage, remains a powerful symbol of his unyielding commitment.

ACTIVELY CAMPAIGNING FOR A LEAPFROG RULE

Justice Kanyeihamba was a visionary who saw the inefficiencies in Uganda’s judicial system as barriers to justice. He actively campaigned for a “leapfrog rule,” allowing certain cases of constitutional or public importance to bypass lower courts and proceed directly to the Constitutional court and the Supreme court.

This was not just procedural reform; it was a radical push to ensure timely justice for citizens, especially in cases involving human rights and separation of powers. His advocacy for Article 137(5) and similar initiatives, rooted in his chairmanship of the Legal Committee that drafted the 1995 Constitution, showed his foresight in making the judiciary more accessible and responsive.

Unfortunately, the whereabouts of a miscellaneous cause the good judge once bravely leapfrogged to this court some 10 years ago are unknown.

WRITING AND SPEAKING COURAGEOUSLY ABOUT MISCONDUCT AT THE BENCH AND BAR

Justice Kanyeihamba’s pen was as mighty as his voice. Through his many publications such as Casebook on Lawyers’ Ethics, Professional Fees and Charges and Kanyeihamba’s commentaries on law, politics and governance, the great judge exposed misconduct at both the bench and the bar with unflinching honesty.

He wrote of judges who succumbed to political pressure and lawyers who betrayed their oath for profit. In interviews and public lectures, he recounted specific instances, such as the 2006 election petition where he alleged external pressures influenced judicial outcomes.

His courage in naming these truths, even at the cost of his position at the African Court on Human and Peoples’ Rights, inspired a generation to speak out.

NEVER STOPPING THE STRUGGLE FOR A BETTER UGANDA

Kanyeihamba’s life was a ceaseless fight for Uganda’s soul. From his early days as Attorney General under Yusuf Lule’s government in 1979 to his human rights activism in exile during Obote’s regime, he never wavered.

His role in the NRA’s external support network, his chairmanship of the 1995 Constitution’s drafting committee, and his dissent in the 2006 election petition—all were chapters in a life dedicated to a Uganda governed by law, not raw power.

Even when labelled an “agent of disorientation” by President Museveni in 2006, Justice Kanyeihamba responded; “I will criticise you when you do wrong, and I will praise you when you do right,” embodying a patriotism that transcended personal ties.

Justice Kanyeihamba’s life had a specific spice—a blend of intellect, courage, and moral clarity that seasoned every role he played. As an academic, he left an indelible mark at Makerere University, having mentored legal giants such as former chief justice Bart Katureebe, Justice Eldad Mwangusya, and many of the bench lordships.

As an author, his works remain core references for constitutional law, as ULS president Ssemakadde ably notes: “Justice Kanyeihamba is quintessentially the north star for all constitutional law students, practitioners and adherents in Uganda.”

I am closing this tribute by repeating our prayer that more Justices and Judges write memoirs, as Justice Kanyeihamba did, to capture the struggles, the victories and the lessons of our legal fraternity.

The ULS, guided by the Radical New Bar Vision 2060, honours Justice Kanyeihamba by continuing his fight: challenging judicial corruption, advocating for reforms such as the leapfrog rule, and ensuring that justice is not a privilege, but a right. Rest in power, Justice Kanyeihamba. Your robe may hang, but your truth lives on.

Related