The Deputy Attorney General Mwesigwa Rukutana, has broken the silence on the allegations labeled against him in regards to having an affair with Justice Elizabeth Musoke who is among the panel to hear the age limit petitions.
One of the petitioners, Male Mabirizi Kiwanuka on Wednesday wrote to lady justice Elizabeth Musoke of the Constitutional Court requesting that she excuses herself from the age limit case because she is conflicted after siring children with Rukutana from who she will be receiving submissions.
The Deputy Attorney General has in a letter to the Deputy Chief Justice, Alphonse Owiny-Dollo denied having any affair with the said judge.
“The purported notice( by Mabirizi)contains false, malicious, unfounded and defamatory allegations that I sired a child with the learned Justice Elizabeth Musoke, a reason for which she is being called upon to recuse from participating in the hearing and determination of the petition,”Rukutana says in a letter dated March 29.
“I write to categorically deny the allegation ad state that it is false as I have never sired any child with her or been in any relationship with her at all.”
In his letter on Wednesday, Mabirizi cited the judicial ethics for Ugandan judges established in 2003 that emphasise that a judge must be impartial at all times while dispensing justice.
“A judicial officer shall refrain from participating in any proceedings in which the impartiality of the said officer might reasonably be questioned,” the age limit petitioner said.
He warned that proceedings in the matter would be null and void if Justice Musoke is part of the panel of judges to hear the petition as named by the deputy chief justice.
However, the Deputy Attorney General says he is not bothered by the allegations but rather wants to protect the dignity of the lady justice and also be empathetic to court.
“It is my humble prayer that considering the conduct exhibited in court when we appeared for conferencing and this wild and unfounded allegation, this court establishes whether Male Mabirizi Kiwanuka is a fit, sound and proper person to engage in litigation by himself well before embarking on the hearing of the petition,”Rukutana says.
On Wednesday, the judiciary publicist Solomon Muyita accused Mabirizi of contempt of court and abuse of the court process for writing to Justice Elizabeth Musoke.
“He is a lawyer who knows that it is done in court and not through letter. It also enables the judge to defend themselves. Did he want the judge to also respond him through a letter as he did?”Muyita told Nile Post.