The High Court in Kampala has dismissed an application by Uganda Law Society (ULS) president Isaac Kimaze Ssemakadde seeking to halt his two-year imprisonment sentence for criminal contempt of court. The ruling, delivered by Justice Joyce Kavuma, stated that the court lacked jurisdiction to suspend a criminal sentence, reinforcing that such contempt “is similar to any other sentence under Uganda’s criminal laws.”
Ssemakadde’s petition, filed through lawyers Peter Walubiri, Hannington Mutebi, and Jude Byamukama, argued that his conviction arose from unfair proceedings, claiming the ruling in Miscellaneous Application No. 0049 of 2025 was issued without a fair hearing. He further stated that the presiding judge had a pending complaint before the Law Council, making the ruling biased.
Court Rules Contempt Was Criminal in Nature
Justice Kavuma rejected these arguments, siding with the respondent, Hashim Mugisha, whose legal team—Counsel Kigula Mahiri and Counsel Ogwang Joseph—contended that Ssemakadde’s motion was essentially a bail request disguised as a stay of execution. The judge emphasized that Ssemakadde’s online posts and letters attacking judicial officers amounted to “scandalising the court,” a serious criminal offence undermining public confidence in the judiciary.
She cited Male Mabirizi v Attorney General (CACA No. 549 of 2022) as precedent, affirming that attacks on the judiciary warrant punishment to preserve the integrity of the courts.
Ssemakadde Faces Arrest Upon Re-Entry
The court ruled that it was functus officio—having completed its role—and dismissed the application without costs. The decision effectively upholds Ssemakadde’s two-year jail term, meaning he faces immediate arrest and imprisonment if he returns to Uganda or is extradited under mutual legal assistance.
The ruling has intensified debate within the Uganda Law Society, where Ssemakadde’s continued presidency raises questions of legitimacy and governance. Legal analysts note that the case highlights tensions between judicial authority and free speech advocacy within Uganda’s legal community.
The judgment reinforces that Ssemakadde’s only remaining recourse lies in his pending appeal (Civil Appeal No. 0102 of 2025) before the Court of Appeal, which will determine whether his conviction for contempt stands.
