Justice Kakuru blasts lawyers, media over Besigye judgment - National | NTV

Justice Kakuru blasts lawyers, media over Besigye judgment

Thursday December 19, 2019

 

Justice Kenneth Kakuru has blasted lawyers and media practitioners for allegedly hurling insults at him over the recent judgment of the Constitutional Court against Dr Kizza Besigye, the four-time presidential candidate.


Justice Kakuru came under heavy criticism last week after lawyers and politicians lashed out at him for having written a judgment that they described as ‘comical.’


This was after the judge directed Dr Besigye to go to “his court” and appear before “his own judge” who swore him in as the ‘people’s president’ for contemptuously, rejecting the legitimate judgment of the Supreme Court that declared President Museveni as validly elected in the 2016 presidential election.

“It’s important that parties/litigants come to court and receive their judgments. I heard some lawyers and media people abusing judges over a judgment they had not read. Some of those commenting have never been to a law school,” Justice Kakuru hit out at lawyers and the media practitioners yesterday.


The jurist expressed his anger during a court session he presided over at the Constitutional Court.

Earlier in the day, the court sent out a statement in which it made some clarifications about the said judgment.


The court statement clarified that the lead judgment was written by Justice Stephen Musota and not justice Kakuru.

Justice Musota in his lead judgment, declined to hear out Dr Besigye’s petition on grounds that it did not raise any constitutional issues for interpretation and as such, ought not be heard and also never made any orders to costs.

The court statements further clarified that his colleagues Geoffrey Kiryabwire, Elizabeth Musoke and Cheborion Barishaki, agreed with the lead judgment written by


Justice Musota, making it the lead judgment of the court.


On the other hand, the court’s statement clarified that Justice Kakuru, wrote a dissenting judgement in which he stated that Dr Besigye’s petition had raised constitutional issues that needed to be interpreted and as such, ought to be heard.


Further, the statement clarified that Justice Kakuru declined to grant any remedy to Dr Besigye, arguing that he had found him to be in contempt of the Supreme Court order and declaration issued in the Amama Mbabazi Vs Y.K Museveni & another election petition No 1 of 2016.

The legal minds had at the weekend faulted Justice Kakuru for having misapplied the contempt of court analysis.

They argued that the issues that Dr Besigye had taken to the justices for resolution, arose from the 2011 Walk to Work protests and yet the contempt of court scenario that Justice Kakuru was referring to, arose from the 2016 presidential election petition.

The legal and political pundits said, the two scenario cases were totally different for Justice Kakuru to find Dr Besigye culpable of being contemptuous of the 2016 Supreme Court decision.