
Driven by public demand and an undying quest for the Rule of Law, I have placed my concerns on the constitutional record.
There comes a moment when a lawyer must decide whether to continue discussing a constitutional concern in WhatsApp groups—or put it formally on the record.
For me, that moment has come.
Following the Uganda Law Society’s call upon members of the legal profession and the public to petition the leadership of the Judiciary, I have today submitted my own petition to the leadership of the Judiciary, calling upon the Hon. Chief Justice, the Hon. Deputy Chief Justice and the Hon. Principal Judge to publicly reaffirm the constitutional independence of the Judiciary.
And, perhaps unsurprisingly, I did not arrive at this decision alone.
There has been a public demand.
There has been a never-dying quest for the Rule of Law.
And there is what those who have followed Enen Legal World will know as “the Underground”—that stubborn, sometimes noisy, sometimes silent community of supporters who have continued to read, share, challenge, encourage and occasionally ask me:
“Enen, when are you going to put this on paper?”
Well.
I have put it on paper.
From WhatsApp Gossip to the Constitutional Record
The President’s recent remarks concerning Uganda’s justice system have generated significant discussion across the country and, naturally, within the legal profession.
I have watched the debate unfold.
I have listened to the arguments.
I have read the reactions.
And I have also watched something else.
Silence.
Not the silence of ordinary citizens. Ugandans have certainly been speaking.
Not the silence of lawyers. The legal profession has been speaking too.
But the silence of the institution whose constitutional independence is at the heart of the conversation has itself become part of the conversation.
That is where my concern begins.
I do not believe that the Judiciary should answer every political statement.
I do not believe that judicial officers should descend into political contests.
And I certainly do not believe that judicial independence means immunity from criticism.
But I do believe that there are moments when constitutional reassurance is itself an act of judicial leadership.
And I believe we may be in one of those moments.
Why I Have Written
I write neither in anger nor in defiance.
I write in hope.
Hope that, in moments when the constitutional equilibrium of our Republic appears unsettled, the Judiciary—the institutional refuge of the Rule of Law—will speak with the calm confidence that constitutional independence commands.
Articles 126 and 128 of the Constitution are not decorative provisions.
They establish a constitutional architecture in which judicial power belongs to the courts and judicial independence is protected from external control or direction.
But there is something I think we sometimes forget.
Judicial independence is not a privilege enjoyed by judges.
It is a right enjoyed by citizens.
It belongs to the widow seeking justice.
The prisoner awaiting trial.
The investor enforcing a contract.
The child claiming inheritance.
The advocate standing fearlessly for an unpopular client.
The citizen challenging unlawful State action.
The independence of the Judiciary is therefore not merely the Judiciary’s shield.
It is the people’s shield.
The Image That Would Not Leave My Mind
I also wrote something personal in the petition.
I saw videos circulating online in which Dr. Kizza Besigye, in what I believe to be a defiant protest against the abrogation of his fair-trial rights, collapsed upon the cold floor of the accused person’s dock during proceedings in a treason trial against him.
That image stayed with me.
Perhaps because I am a lawyer.
Perhaps because I am a citizen.
Perhaps because sometimes an image says something that several pages of legal argument cannot.
I found myself asking what happens when the institutions established to protect constitutional rights themselves become vulnerable to external pressure.
And so I wrote:
If we do not insulate the Judiciary from executive overreach and every attempt to usurp its constitutional independence, it will not merely be one litigant who collapses. The Rule of Law itself will collapse.
And when the Rule of Law collapses like Dr. Besigye did upon that cold courtroom floor, our courts risk being transformed from temples of justice into shrines of injustice.
That is not rhetoric for rhetoric’s sake.
It is the warning at the heart of my petition.
One Silence. One Encroachment. One Exception.
I have always been fascinated by how constitutional orders deteriorate.
They do not necessarily collapse overnight.
Sometimes it begins quietly.
One silence.
One encroachment.
One exception.
One justification.
Until the extraordinary becomes ordinary.
And by the time society realises that the constitutional line has moved, everyone has become accustomed to standing on the wrong side of it.
That is why I believe constitutional institutions must sometimes speak before the danger becomes normalised.
What I Have Asked the Judiciary to Do
My petition is not a demand for confrontation.
It is a call for reassurance.
I have respectfully called upon the leadership of the Judiciary to reaffirm:
1. That judicial power belongs exclusively to courts established under the Constitution.
2. That the constitutional independence of the Judiciary remains absolute and non-negotiable.
3. That every litigant shall continue to receive justice according to law, uninfluenced by political authority, public pressure or executive preference.
4. That constitutional dialogue among the three Arms of Government must preserve the doctrine of separation of powers upon which our Republic is founded.
I do not regard such a statement as political engagement.
I regard it as constitutional leadership.
Why Publish the Petition?
Some may ask why I have published a document addressed to the Judiciary.
The answer is simple.
Because constitutional questions should not remain confined to correspondence between institutions.
The Judiciary belongs to the people.
The Constitution belongs to the people.
And the Rule of Law belongs to the people.
Therefore, I have decided that my petition should not disappear into an email inbox.
It belongs on the public record.
And yes, the Underground has been asking for it.
Those who have followed Enen Legal World know that there is a community behind this platform—a community that does not always announce itself, but which watches, reads, shares and pushes.
Sometimes the messages are simple:
“Counsel, what are we doing about this?”
Sometimes they are more direct.
“Enen, write about it.”
And sometimes the demand is simply understood.
So, to the Underground:
Here it is. A copy of the petition can be accessed here:
When Silence Speaks
I have submitted the petition because I believe that there are seasons when judgments speak.
There are also seasons when silence speaks.
And perhaps this is one of those seasons when the Constitution itself deserves to be heard.
I do not know what response will follow.
That is now a matter for the Judiciary.
But I know what I have done.
I have moved the conversation from WhatsApp gossip to the constitutional record.
And I have done so respectfully.
Not because I have lost faith in the Judiciary.
Precisely because I have not.
I believe the Judiciary is capable of defending its constitutional space.
I believe judicial officers understand the weight of their constitutional oath.
And I believe Uganda deserves the reassurance that the institution entrusted with administering justice remains independent, impartial and faithful to the Constitution.
So I leave the petition where it belongs:
before the leadership of the Judiciary.
And I leave the question where it belongs:
before the conscience of the Republic.
The Final Word
With the greatest respect, My Lords, this appears to be a season when the Constitution itself deserves to be heard.
I beseech you brethen, all members of the public to heed to the Uganda Law Society’s call to equally submit your petitions to info@judicature.go.ug and copy in uls@uls.or.ug
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Enen Ambrose. Advocate
Member, Judiciary Affairs Committee,
Uganda Law Society
& Founder–Enen Legal World
Justice Ignited. Courage Unleashed.
www.enenlegalworld.com | enen@enenlegalworld.com



































