Exiled lawyer Kakwenza Rukirabashaija has raised fresh concerns over the conduct of Justice Emmanuel Baguma, questioning the judge’s impartiality in the ongoing treason trial of opposition leader Dr Kizza Besigye.
In a detailed critique, Kakwenza said he had closely followed the proceedings and was troubled by what he described as a pattern that risks eroding public confidence in the judiciary.
“Every time I watch the proceedings, I ask myself at what point does a judge stop presiding over proceedings and quietly begin assisting one side?” Kakwenza posed.
While acknowledging Justice Baguma’s legal competence, Kakwenza argued that the issue at hand was not knowledge of the law, but the perception of fairness in its application.
“Nobody doubts your legal education… but a judge is required not merely to be impartial but to appear impartial. A courtroom is the one place where even the loser should leave believing that he was heard fairly,” he stated.
The remarks come against the backdrop of increased scrutiny surrounding the treason case facing Dr Besigye, a veteran opposition figure whose legal battles have long attracted political attention within Uganda and beyond.
Kakwenza further alleged that the handling of proceedings appeared uneven, warning that such conduct could undermine the foundation of justice.
“He interrupts one side with impatience and indulges the other with enthusiasm… He behaves as though the accused is already halfway to conviction and the remaining task is simply to complete the paperwork,” he claimed.
Referencing broader legal principles, Kakwenza emphasised that the right to a fair hearing is not theoretical but a safeguard every citizen may one day depend on.
“Imagine your son, daughter, brother or wife standing in the dock… Would you walk out of that courtroom praising the administration of justice?” he asked.
The exiled lawyer also questioned the independence of the judiciary, cautioning against perceived alignment with the executive.
“You occupy one of the highest judicial offices… and that office was created to restrain executive power, not to accompany it,” he said.
He added that judicial officers must remain guided by the Constitution rather than external influence.
“A judge owes loyalty to the Constitution, not the appointing authority,” Kakwenza asserted.
His statement further highlighted the long-term weight of judicial decisions, noting that rulings often outlive political regimes and shape legal history.
“Your judgments will outlive the despot who signed your instrument of appointment. That is both the privilege and the burden of judicial office,” he concluded.