By KT Reporter
The Judiciary has opened a condolence Book at the Supreme Court following the passing of Justice Prof. George Wilson Kanyeihamba (Rtd).
A statement from the judiciary said the book will remain open until he is laid to rest. “All are welcome to pay tribute to a distinguished jurist and legal scholar whose legacy shaped Uganda’s legal landscape” said a statement posted on X.
Justice Professor George Wilson Kanyiehamba died at the beginning of this week at Nakasero hospital where he was undergoing treatment. Arrangements for his burial await the return of family members who are currently abroad
Meanwhile, more lawyers who appeared before Justice Kanyeihamba at the Supreme Court or had the opportunity to be at the same with him continue to eulogize him.
Senior Counsel, Elison Karuhanga was one of those that spoke about Kanyiehamba whom some said was full of humor and mistaken for being arrogant.
“I dined with him on a number of occasions, I read a number of his books. I met a man that I had been knowing and reading about for a very long time. He was an interesting man, he was an interesting man, he was humorous” said Karuhanga.
“He has an incredible sense of humor. I remember one time while we were in court, I was on one side and he was on the other. Kanyiehamba was saying our submissions were rather boring for their Lordships. And his lordships stood up to help. What we though was an objection ended up to be a jock” said Karuhanga.
This testimony was shared during the weekly Judicial Service Conversation that have in the past months been spearheaded by Senior Counsel, Ellison Karuhanga. The conversations normally attract young and senior lawyers to share views and experiences on the administration of Justice.
Karuhanga said Justice Kanyeihamba was a serious jurist who took part in serious constitutional issues.
“Justice Kanyeihamba sat in what I would call the Odoki-led Supreme Court in the late 90’s and much of the 2000’s. Chief Justice Benjamin Odoki led a court what I think had the challenge. It had the challenge to shape and breathe life to a new constitution in a new dispensation”
The Supreme Court at the time had the likes of Justice Arthur Oder, Justice Karokora, Justice Tsekoko, Justice Kanyeihamba and Justice Mulenga and Justice Bert Katurebe.
“I think that Supreme Court molded a constitutional order and defended constitutional principles in a number of land mark constitutional decisions. Affecting politics, affecting property, affecting liberty” said Karuhanga.
“It would not be too un…….“Let history never forget the energy, the life, and the courage that the Odoki-led Supreme Court on which he sat breathed into our jurisprudence. Case after case, that Court carried the burden and the promise of a new Constitution, testing its limits, defining its soul, and giving shape to a fledgling republic’s legal identity” said Karuhanga.
Lawyer Joy Mbabazi was one of the speakers at the forum “Law, Courage and Conviction: The Life of Professor Kanyeihamba. He noted that Prof. Kanyeihamba was a force—unyielding, brilliant and deeply human.
“His legacy challenges us to rise above mediocrity, live courageously, and speak truth without fear” she said.
Human Rights lawyer, Nicholas Opiyo was among the emerging you lawyers from Makerere Law School at the time when Professor George Wilson Kanyeihamba and his peers were at the Supreme Court which was then sitting in Mengo.
Opiyo also served as the Secretary at the Uganda law Society then headed by Senior Counsel John Mukasa. He tells of Professor GW Kanyeihamba having come close to him.
“We mourn the passing of a legal giant, we mourn the passing of a teacher, a jurist, a politician and a courageous lawyer” said Opiyo
Some used to say that Professor Kanyeihamba was rude and stubborn while he lived. Counsel Opiyo said Kanyeihamba simply reveled in his credentials.
“You never addressed him as justice Kanyeihamba. You had to call him by all his titles. Honorable, Justice, Doctor, Professor, JW Kanyeihamba. If you didn’t do that, he would scold you and remind you of his titles” said Opiyo.
Opiyo was one of the consultants that had been hired to carry out a review of the Uganda Police Force. At that time, donors had funded the defense review which culminated into passing the law that created the Uganda Defence Force.
Justice Julia Ssebutinde had just completed her Commission of Inquiry into corruption the police force. While the police review did not take off, Opiyo says Justice Kanyeihamba had always want his views known about corruption in the police.
Kanyeihamba the Anti-Corruption Judge Opiyo’s second encounter with, Justice Kanyeihamba was when he served as the Secretary to the Uganda Law Society. Opiyo headed the research and publications committee at ULS.
“The Law Society took a decision that judicial corruption was a very big problem in the Ugandan Judiciary and summoned an extra ordinary meeting to deal with the question of judicial corruption many lawyers assembled and provided evidence of corrupt judicial officers. The one who was retired who was a subject of our discussion was Justice Mulangira” he recounts.
“That AGM had a resolution by the Law Society to petition parliament for a judicial inquiry into corruption into the judiciary. A committee was put in place to take up this matter. I think many of the big law firms realized that the judicial inquiry into corruption could lead right into their chambers. And so their persuaded the President of the law society not to take action on that resolution”
Professor Kanyiehamba is perhaps one of the few Judges who returned to practice after he had retired from the Supreme Court.
While he lived, he shared that Retired Chief Justice, Bert Katurebe once assigned him to investigate corruption allegation against seven judges. He shared that shared a report with evidence pinning the unnamed judges. He noted that the Judiciary did not take action against the judges.
“As he crosses the Rubicon, may he meet and greet Justices Mulenga, Tsekoko, Oder, and Karokora jurists from different walks who brought vitality and honour to an apex Court finding its feet in a new constitutional dispensation. To those of us to whom the law is both our trade and our calling, Scripture offers not just comfort, but command” writes Elison Karuhanga
“Therefore, since we are surrounded by so great a cloud of witnesses, let us lay aside every weight and the sin that so easily entangles us, and let us run with endurance the race that is set before us.” Hebrews 12:1 Let us honour these servants of God, who with their pens tried to bring much clarity to our law. Let us recall their work. They are for sure – our great cloud of witnesses” he adds.
Who Was Kanyeihamba
Justice Professor George Wilson Kanyiehamba was a former Justice of the Supreme Court of Uganda. He was also a former judge on the African court of Human and People’s Rights.
He was a former member of the Constituent Assembly where he headed the legal and drafting Committee that produced a draft Constitution which was promulgated in 1995.
He was the Attorney General in the Professor Yusuf Kironde Lule’s government formed after the overthrow of President Iddi Amin Dada. He was also Attorney General under President Museveni and the Minister of Commerce.
He was Museveni’s advisor on legal and human rights. He was later appointed to the Supreme Court until retirement.
Kanyeihamba was among the intellectuals or Uganda Human Rights Group UK that joined the Uganda National Liberation Front (UNLF) in in Moshi Tanzania of the Moshi Conference that formed the leadership to replace Iddi Amin once he got toppled by the Tanzania People’s Defence Forces (TPDF)-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
