Ssemakadde asks justice Kavuma to recuse from his contempt case

Self-exiled Uganda Law Society (ULS) president Isaac Kimaze Ssemakadde has petitioned High court justice Joyce Kavuma, asking her to recuse herself from a case in which he is challenging his two-year jail sentence issued to him by justice Musa Ssekaana earlier this year. Ssemakadde

In a formal letter dated June 13, 2025, Ssemakadde raised concerns over what he termed “an inordinate delay” in hearing his application for a stay of execution of a warrant for his arrest and committal. Filed on February 20, 2025, the application, registered as HCMA No. 137 of 2025, is yet to be heard on its merits.

The head of civil division of the High court, Kavuma, most recently adjourned the matter to August 19, prompting Ssemakadde to allege that the repeated delays amount to constructive exile and a violation of his fundamental rights.

“In essence, you have condemned me to forced exile of more than six months. Irreparable harm has already been caused to my livelihood, reputation, and family life, and to my one-year term of office as president of the Uganda Law Society,” reads the letter by Ssemakadde.

The warrant in question stems from a February 2025 ruling by then-head of the civil division of the High court justice Musa Ssekaana, who sentenced Ssemakadde to two years in prison for contempt of court.

The ruling followed social media posts and public statements made by Ssemakadde in 2022 and 2023 in which he accused Ssekaana of bias and abuse of office, particularly in matters involving civil liberties and state interests.

Ssekaana ruled that Ssemakadde’s comments were scandalous, contemptuous, and undermined the authority of the judiciary, justifying custodial punishment as a deterrent. Ssemakadde has since refused to submit himself to authorities, arguing the sentence is unconstitutional and that he was denied a fair hearing.

He has remained exiled in Germany since February, citing fear of arbitrary detention. His application seeks to halt the warrant to allow his return while he challenges the legality of the ruling.

In his petition to Kavuma, Ssemakadde cites Articles 28(1), 31(4), 38, and 126(2)(b) of the Constitution, arguing that the delays have deprived him of access to justice and compromised his constitutional duties as president of the bar.

He also referenced the 2022 Constitutional court decision in Galandi v. Attorney General (Constitutional Petition No. 4 of 2021), which held that judicial delay constitutes a violation of natural justice. Referring to the Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019, Ssemakadde requested that Kavuma steps aside and that the matter be urgently reassigned to another judge, ideally before the judiciary’s annual vacation begins on July 15, 2025.

He warned that the two-month adjournment will effectively render his application moot.

“Irreparable harm has already been caused to my livelihood, reputation, family life, and one-year term of office as president of the Uganda Law Society (ULS) because of judicial inertia delaying my return,” he wrote.

“I have missed crucial business opportunities, funerals of loved ones, and significant family events, including my daughter’s birth and my son’s high school commencement.”

He added: “My contributions to the ULS Council, Law Council, Judiciary Council, Law Reform Committee, Court Bailiffs Licensing & Disciplinary Committee, Uganda Law Students Association, and the FIA’s DNFBP Supervisory Bodies Forum, etc., have been greatly curtailed.”

The letter, received by M/s KBW Advocates and M/s Neal Advocates, was also copied to the acting principal judge. Kavuma is yet to respond to the recusal request. A few weeks after Ssekaana issued the contempt ruling, Buganda Road Chief Magistrate’s court presided over by Ronald Kayizzi issued a separate warrant of arrest against Ssemakadde in a case relating to insulting the modesty of a woman.

This followed an incident in which he reportedly insulted the Director of Public Prosecutions (DPP) Jane Frances Abodo, during a public address at Katonga People’s Front for Freedom (PFF) offices.

Subsequently, two of Ssemakadde’s fellow lawyers, Joshua Byamazima and Tony Tumukunde, filed private criminal charges and requested the court to issue the warrant, which was granted. However, execution of this second warrant has since been stayed by High court Judge Paul Gadenya.

Legal scholars and human rights defenders have criticised Ssekaana’s contempt ruling, describing it as a disproportionate penalty that could chill legitimate criticism and advocacy, particularly from public interest lawyers. Ssekaana has since been elevated to the Court of Appeal and Constitutional court.