Isaac Kimaze Ssemakadde, President of the Uganda Law Society (ULS), has petitioned the Head of the Civil Division of the High Court, Justice Joyce Kavuma, seeking her recusal from a case in which he is challenging the enforcement of a two-year jail sentence issued against him earlier this year by Justice Musa Ssekaana.
In a letter dated June 13, 2025, Ssemakadde expressed concern over what he described as an inordinate delay in hearing his application for a stay of execution of the arrest and committal warrant.
The application, registered as HCMA No. 137 of 2025, was filed on February 20 but has not yet been heard on its merits.
Justice Kavuma recently adjourned the matter to August 19, a decision that prompted Ssemakadde to accuse the court of constructive exile and violation of his rights.
He wrote that the court has effectively condemned him to forced exile for more than six months.
He stated that irreparable harm has already been caused to his livelihood, reputation, family life, and his one-year term of office as President of the Uganda Law Society.
The warrant arises from a February 2025 ruling by Justice Musa Ssekaana, then Head of the Civil Division, who sentenced Ssemakadde to two years in prison for contempt of court.
The ruling cited remarks Ssemakadde made in 2022 and 2023 on social media and in public, where he accused Justice Ssekaana of bias and abuse of office, particularly in cases involving civil liberties.
Justice Ssekaana found the remarks scandalous and contemptuous, stating that they undermined judicial authority and warranted custodial punishment as a deterrent.
Ssemakadde has refused to submit to arrest, insisting the ruling is unconstitutional and that he was denied a fair hearing. He has remained outside Uganda since February, citing fear of arbitrary detention.
His application seeks to halt the warrant to enable his return to Uganda while he challenges the legality of the sentence. In his petition, Ssemakadde cited Articles 28 clause 1, 31 clause 4, 38, and 126 clause 2 subsection b of the Constitution, arguing that the prolonged delay has denied him access to justice and compromised his responsibilities as leader of the Bar.
He also referred to the 2022 Constitutional Court decision in Galandi versus Attorney General, Constitutional Petition Number 4 of 2021, which held that judicial delay constitutes a violation of natural justice.
Referring to the Constitution Recusal of Judicial Officers Practice Directions of 2019, Ssemakadde asked Justice Kavuma to step aside and requested that the matter be reassigned to another judge before the judiciary’s annual vacation begins on July 15.
He warned that the two-month adjournment could render his application moot.
He wrote that the delays have cost him business opportunities, the funerals of loved ones, the birth of his daughter, and his son’s high school commencement.
Ssemakadde further stated that his ability to contribute to key statutory and professional bodies has been severely curtailed.
These include the Uganda Law Society Council, the Law Council, the Judiciary Council, the Law Reform Committee, the Court Bailiffs Licensing and Disciplinary Committee, the Uganda Law Students Association, and the Financial Intelligence Authority’s forum for supervisory bodies.
The letter was copied to the Acting Principal Judge and received by law firms KBW Advocates and Neal Advocates. Justice Kavuma has not yet responded to the request.
In a related matter, Ssemakadde is also facing charges before the Buganda Road Chief Magistrate’s Court.
Presided over by Magistrate Ronald Kayizzi, the court issued a warrant of arrest against him following a complaint that he insulted the modesty of the Director of Public Prosecutions, Jane Frances Abodo, during a public event at the Katonga People’s Front for Freedom offices.
This case was initiated through private criminal charges by lawyers Joshua Byamazima and Tony Tumukunde. However, execution of the second warrant has since been stayed by High Court Judge Paul Gadenya.
Justice Ssekaana’s ruling has drawn criticism from legal scholars and human rights defenders who argue that the sentence was disproportionate and risks chilling legitimate criticism and public interest advocacy.
Justice Ssekaana has since been elevated to the Court of Appeal and Constitutional Court.
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