Government institutions and other actors have been warned against disregarding lawful court orders, with Deputy Chief Justice Moses Kazibwe Kawumi saying respect for judicial decisions is essential to the rule of law and the independence of the Judiciary. Kawumi said the Executive and other arms of government have a constitutional obligation to respect and implement court decisions, regardless of whether they agree with the outcome.
He was speaking to journalists at the Court of Appeal in Kampala ahead of the ninth Benedicto Kiwanuka Memorial Lecture, scheduled for Wednesday, September 16, 2026, at the Judiciary Headquarters. Kawumi was responding to questions from Our Reporter about recent reports involving Kenyan nationals who were allegedly detained during the election period and later taken to Kenya despite an order by the High Court requiring the government to produce them.
The government of Uganda had indicated that they didn’t have the said Kenyan human rights activists, Bob Njagi and Nicholas Oyoo, and swore affidavits that they were nowhere in their known places of detention. However, information later came out indicating that the President of Uganda, Yoweri Kaguta Museveni, ordered their release and accordingly, they were taken back to their country.
In response, the Deputy Chief Justice said that where government officials swear affidavits denying that they have a person in custody and later actions suggest that the person had been in their possession, such conduct raises serious questions about compliance with court processes and the truthfulness of information presented to court. He said that court orders are binding and that the Judiciary must be allowed to independently make decisions based on the law and evidence.
He noted that the rule of law is not a reserve for the Judiciary and that every Ugandan and every institution has a responsibility to live under the law. He also addressed concerns over alleged interference by Resident District Commissioners and other government officials in the enforcement of court orders, particularly in land matters. Kawumi said the Judiciary had previously clarified the roles of RDCs and other officials, explaining that their responsibility is to provide security during the enforcement of court orders rather than interfere with the substance of judicial decisions.
He said the Judiciary remains independent in making its decisions and urged the Executive to respect that independence. According to Kawumi, the Constitution requires the different arms of government to perform their respective functions without interfering with the work of the courts. He said the Judiciary has nevertheless registered progress in improving access to justice through technology, infrastructure development, public awareness and the recruitment of judicial officers.
Kawumi said the Judiciary would want to have more judges and magistrates but acknowledged that this must be done within the resources allocated to the institution. He said the Judiciary has also intensified public sensitisation through the media on issues such as bail, court procedures and access to justice. Kawumi made the remarks as the Judiciary prepares to commemorate the life and legacy of former Chief Justice Benedicto Kagimu Kiwanuka, who was abducted from his chambers at the High Court on September 21, 1972, and today, he has never been seen alive or dead.
Kiwanuka served as the Chief Justice from June 27, 1971, until his disappearance and was the first Ugandan to occupy the position. Kawumi said Kiwanuka’s legacy remains relevant to the current administration of justice, particularly his commitment to truth, impartiality, judicial independence, fundamental rights and the rule of law. He cited Kiwanuka’s handling of the case involving British businessman Daniel Stewart, who had been detained without trial, as an illustration of his commitment to judicial independence. Kiwanuka granted a writ of habeas corpus despite opposition from the government of the day.
Kawumi said the decision demonstrated that the Executive could not dictate to the Judiciary on how to determine cases. The 2026 memorial lecture will be held under the theme, “Justice for All: Carrying Forward Justice Ben Kiwanuka’s Vision.” The Deputy Chief Justice said the theme calls for a justice system that is accessible, timely, impartial and meaningful to all people, regardless of their social or economic status.
He said carrying forward Kiwanuka’s legacy requires the Judiciary and other justice actors to preserve judicial independence, respect lawful court decisions, protect fundamental rights and freedoms, reduce delays and improve access to justice.
The Judiciary says the ninth memorial lecture will bring together representatives of the three arms of government, Kiwanuka’s family, members of the legal fraternity, the diplomatic community, development partners, civil society organisations, young people and members of the public. Chief Registrar Agnes Alum said President Yoweri Museveni is expected to preside over the commemoration, while Dr Margaret Sekajja is expected to deliver the keynote address.
The programme will also include a procession retracing Kiwanuka’s final steps from his chambers to the High Court parking area, where he was last seen alive. Alum urged advocates and other justice actors to defend the rule of law, protect rights and freedoms and maintain professional integrity. She also called on government institutions to respect judicial independence and lawful court decisions, saying cooperation among the arms of government is essential for constitutional governance and institutional stability.
The Judiciary has further encouraged the media to give the commemoration broad and accurate coverage and use it to promote public discussion on judicial independence, human rights, the rule of law and access to justice. Kiwanuka is alleged to have been kidnapped by soldiers working then under President Field Marshal Idi Amin’s regime, who was not happy with the Court order that he had issued. More than 53 years later, his relatives, friends, family and the entire public have never seen him again, neither the remains-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
