WADADA ROGERS: Why did Justice Egonda-Ntende wait for retirement to speak out his mind?

His Lordship Frederick Martin Stephen Egonda-Ntende has done what many in his circles dreaded to dare for fear of embarrassing the institution and a possible reprimand. The last time we had a judicial officer standing out to speak without fear of retribution was the now exiled Esther Kisaakye who formerly served as a justice of the Supreme Court.

Many have applauded him for his firm stand to the point of baptizing him the “the chief justice Uganda never had” but in equal measure, others have condemned him for remaining silent while he was still in active service. I am personally delighted for his remarks that I believe could allow discourse regarding discretionary powers on bail.

In the recent years, Museveni has been tough on the grant of bail in certain cases hence intimidating judicial officers from acting independently especially when the issue at hand is political. I hope Egonda’s altercation at the tail end of his tenure could remind the judiciary to distance themselves from fighting political wars on behalf of the executive.

Before his retirement, Ntende was serving as a Justice of the Court of Appeal. Referring to him as “the chief justice Uganda never had” is to fold and a hit below the belt. It is an indictment against the appointing authority in Uganda and a thank to Seychelles for seeing a Chief Justice in Ntende. We missed out on one of Africa’s best legal brains.

It is the price we pay for ditching the doctrine of separation of powers. In a powerful and yet emotional address delivered during a special court sitting on May 14, 2026, retiring Lord Ntende sharply criticized the judiciary for failing to show compassion in the way they handle cases in which the state has a direct interest.

Justice Egonda-Ntende, a respected member of the bench after 35 years of service raised concern over the handling of bail applications in the lower courts, citing a recent case that, in his view exposed gaps in the justice system’s sensitivity to family welfare. He referenced a widely reported incident involving children forced to bury their mother without the presence of their father still incarcerated for a minor but bailable offence.

He was certainly referring to National Unity Platform Deputy Spokesperson Waiswa Alex Mufumbiro who remains incarcerated to date. Justice Ntende challenged judicial officers to reflect on the broader social implication of their decisions particularly in cases where the charges do not involve serious threats to life or property.

Justice Ntende also used the occasion to speak about a range of issues but most importantly, a call for a more humane and constitutionally grounded approach to justice. His focus was the prolonged pre-trial detentions beyond statutory timelines and the discretionary powers on bail by judicial officers. Well, has any one bothered to establish why Justice Ntende had to wait until the last minute to speak out his mind?

I know for a fact that Judicial officers are restricted from airing their grievances publicly by the Uganda Code of Judicial Conduct and the Public Service Code of Conduct and Ethics, enforced under the Administration of the Judiciary Act and the Judicial Service Commission Regulations. These frameworks restrict public expression to maintain judicial independence, impartiality, and public confidence in the courts.

The primary rules regulating this include the Uganda Code of Judicial Conduct which requires judges and magistrates to exhibit conduct that is “above reproach”, refrain from public expressions that may undermine confidence in the judiciary, and accept personal restrictions necessary to preserve the dignity of the office.

Similarly, the administration of the Judiciary (Establishment of Committees) Regulations, 2023 establishes specific institutional mechanisms for handling internal staff welfare and grievances. The Judicial Service Commission serves as the constitutionally mandated body to discipline judicial officers and handles complaints regarding misconduct, maladministration of justice, or unethical public behavior including venting their frustrations in public.

Instead of airing grievances or complaints publicly in a way that compromises their neutrality, judicial officers are required to utilize established internal grievance mechanisms or direct their complaints administratively to the Chief Registrar, the Principal Judge, the Chief Justice, or the Judicial Service Commission and not the media.

Justice Egonda Ntende used the luncheon organized in his honour at the Judiciary headquarters (having clocked 70), to call upon fellow Judicial Officers to stop their cowardice and stand firm while speaking the truth to power that be. He condemned fellow judicial officers who have willfully availed themselves to be used as conduits of injustice.

He gave an example of former Chief Justice Wako Wambuzi who fearlessly led the Judiciary during the reign of yours truly Idi Amin alongside the likes of Godfrey Lule who was the Attorney General and Chief Magistrate Wilson Kityo for the courage with which they took on and faced Amin and his ruthless administration.

His Worship Kityo is remembered in Uganda’s judicial history for his immense courage in upholding the rule of law while on duty. He notably dismissed Amin’s arbitrary decree against women wearing miniskirts as “idle talk” and heroically refused to jail offenders without a formal law in place. Wako Wambuzi stood by the Chief Magistrate.

At the end of his address, Egonda Ntende received a standing ovation when he turned to face his audience mainly comprised of fellow judges and politely asked them: “Team Judiciary, what happened? Where is your Kityo and Wambuzi at this hour?”. Clearly, there was not a single Wambuzi and or Kityo among them, what went wrong?

The emotions that flared during the addresses by some members of the bench speaks volumes about frustrations happening behind the scenes. It is also possible that some irrational decisions delivered by some judicial officers are not necessarily their findings but decisions imposed upon them by external pressures to settle personal scores with the public.

Wadada Rogers is a commentator on political, legal and social issues. wadroger@yahoo.ca

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