Left to right: Justice Cheborion Barishaki, Justice Elizabeth Musoke, then Deputy Chief Justice Alfonse Owiny-Dollo, Justice Kenneth Kakuru, and (now rtd) Justice Remmy Kasule during the Age Limit petition ruling in Mbale District in 2018. PHOTO/MICHAEL KAKUMIRIZI
- He said labelling Justice Kenneth Kakuru an Opposition judge was a failure by some people to understand how the Judiciary works.
Chief Justice Alfonse Owiny-Dollo has said the Judiciary has no political affiliations when dispensing justice.
Speaking at the funeral service of Court of Appeal judge Kenneth Kakuru at the St James Cathedral, Ruharo in Mbarara City last Saturday, Chief Justice Owiny-Dollo said it is not true that there are Opposition and pro-government judges.
“This is your creation and I forgive you because you do not understand judicial work. When you become a judicial officer, you take an oath to do good to all manner of people who seek justice before you, without fear,” the Chief Justice, who represented President Museveni at the service, said.
He added: “Justice Kakuru was not an Opposition judge. He was a judge of the Court Appeal and Constitutional Court. I have not checked election petitions which he handled whether they were of particular types of people.”
He said the Constitutional Court is about interpreting the Constitution rather than politics.
Justice Kakuru died last Tuesday at Aga Khan Hospital in Nairobi, Kenya, due to cancer-related complications. He was 65.
Justice Kakuru is remembered for his judicial decisions including his 2018 dissenting judgement on the removal of the age limit for presidential candidates, which he said was done illegally.
Chief Justice Owiny-Dollo said Justice Kakuru dispensed justice without fear or favour.
“All judicial officers do it without fear. The only difference with Justice Kakuru, he was open. You saw him expressing no fear, without favour, affection and then without bearing any ill will against any person,” he said. By Rajab Mukombozi, Daily Monitor
The Archbishop of Mbarara, His Grace Lambert Beinomugisha, described the deceased as honest, calm and God-fearing.
Bishop Johnson Twinomujuni of West Ankole Diocese said the deceased supported the Church on legal matters and other projects.
“He made sure and laboured that whatever decision you took was lawful. You would ask him something and he would first ask you what the law says before giving you his position,” Bishop Twinomujuni said.
Deputy Chief Justice Richard Buteera said Justice Kakuru was passionate about saving the environment.
“We should start a tree planting project in his honour. He was passionate about the environment,” Mr Buteera said.
The widow, Ms Charity Kakuru, said her husband cared about his family despite his busy schedule.
“The nature of his work demanded him to be busy but he always spared good time to stay (home) and love his family,” Ms Kakuru said.
Justice Kakuru was buried at his home in Rwebishuri, Mbarara City last Saturday. He is survived by a widow and five children.