Prominent Court of Appeal Justice Kakuru Kenneth has written to the President seeking retirement 7 years into his time.

Kakuru has served as a Justice of the Court of Appeal of Uganda, since May 2013 when he was appointed by the president.

In an article written by the Daily Monitor dated 4th August 2021, Justice Kakuru is quoted as confirming the development for medical reasons.

Kakuru says “Yes it is true, I have applied for early retirement on account of health.”

He has written to the chairman of the Judicial Service Commission -JSC explaining his inevitable need for retirement and requested the letter be forwarded to the president.

Kakuru is quoted: “I find myself unable to continue performing my function as a Justice of the Court of Appeal … I have taken the decision in the interest of the Judiciary, my health, and my family.”

Justice Kakuru can be described as one objective judge in his career.

His most popular judgment runs back to the amendment of the Constitution in 2017 to remove age limits for presidential and local government candidates.

Out of 5 justices who ruled in its favor, only Justice Kakuru differed the controversial age limit removal.

Ugandans flooded social media with praises following his dissenting judgment then.

“There is always danger that if the constitution is not strictly complied with, our hard-earned democracy shall degenerate into authoritarianism which leads to totalitarianism and dictatorship, the entire constitutional amendment act … is unconstitutional and therefore null and void, and all its provisions ought to be expunged from the constitution of Uganda,” said Justice Kenneth Kakuru.

The other dominant case involving Justice Kakuru is that of the trial of civilians in the army court.

On the 1st July 2021, the constitutional court ruled in favour of a petition filed by the former Nakawa East MP Micheal Kabaziguruka in 2016 challenging his trial in the army court under their penal code Act.

3 Justices ruled in favour of the petitioner saying much as the Court-martial is recognized as competent under the 1995 Constitution, it is only restricted to try UPDF officers.

The Justices including Kenneth Kakuru, Remmy Kasule, and Hellen Obura argued that the UPDF Act was never intended to be an Act of general application.

In their judgment, a 14-day ultimatum was instituted for all persons with ongoing trials at the army court to be shifted to high court under the direction of the Director of Public Prosecutions.

”All those persons not subject to military law and who are currently serving sentences imposed by the authority of military courts contrary to the constitution as set out in judgment should have their case files transferred to the High Court criminal division for retrial or to be dealt with as the court may direct within 14 days of this judgment,” the judgment read in part.

However, the 2 non-conforming, Justices Christopher Madrama, and Steven Musota ruled that for as long as civilians are subject to military law after being found with military hardware, then the Court Martial has powers to try them.

The supreme court on July 16th issued an interim order maintaining the judgment of the constitutional court pending its ruling. This followed an appeal from the attorney general.

About Justice Kakuru

He was born in Uganda and attended local schools for his primary and secondary school education.

He studied law at Makerere University, graduating with a Bachelor of Laws (LLB) degree. Later, he graduated with a Master of Laws (LLM) degree, also from Makerere University.

His Diploma in Legal Practice was obtained from the Law Development Centre, in Kampala.

He also holds a Master of Arts (MA) degree in Educational Policy Planning and Development, awarded by Kyambogo University.

Kakuru is the founder and Senior Partner of the law firm of Kakuru & Company Advocates, a Kampala-based law firm, established in 1987.

He established a reputation as an environmental rights attorney and an expert in public interest litigation.

He founded as still serves as a non-executive director of Greenwatch Uganda, an environmental advocacy non-profit.