Arach-Amoko: Independent, firm and an accomplished jurist 

Supreme court Justice STELLA ARACH-AMOKO, who died on June 17, 2023 aged 69, is fondly remembered as one of the most accomplished jurists in Ugandan history.

A highly respected legal practitioner with a spotless career, she was an inspiration to those who interacted with her. Geofrey Serugo talked to some of the lawyers who submitted before her.

Her death has been overshadowed by the fight over where to bury her but the general feeling in the legal fraternity is that it will take years to get another judge like Arach-Amoko.

STOOD UP TO THE LAW

Celeb Alaka, an advocate of the High court, said deceased Justice Stellah Arach-Amoko was an outstanding jurist and her understanding of the law was unrivalled.

“I have handled several matters before her at the High court, Constitutional court and Supreme court. Without doubt, she was a distinguished jurist. She was one of the outstanding judges left at the Supreme court after the retirement of former chief justice Bart Katureebe. Nobody could influence her,” he said.

At the High court, one of the outstanding cases Alaka handled was the parliamentary election petition between Lukwago Erias and Francis Babu. He was counsel for Lukwago.

“Babu wanted a recount of votes, yet all his agents had signed the declaration forms. She made a decision that set a precedent and has been followed by all other courts ever since. She ruled that once polling agents sign all the declaration forms, they bind the principal, and they can’t turn around and say that there were some issues in the elections,” Alaka recalled.

At the Court of Appeal, Alaka remembers another election petition where he represented Mathias Nsubuga Birekerawo against Muyanja Mbabaali in 2011 after Mbabaali had lost the petition at Masaka High court and appealed against the ruling.

“Arach-Amoko agreed with all my submissions. Mbabaali was so desperate that he wrote to Chief Justice Benjamin Odoki claiming that the judgement had leaked; so, he wanted a new panel to be constituted and a new decision to be made. However, Arach-Amoko remained firm and upheld the decision,” he said.

At the Supreme court, Alaka was one of the four advocates along with Ben Wacha, Wandera Ogalo and Peter Walubiri who represented ‘Rebel MPs’ in their appeal against losing their seats after they were expelled from NRM. It was a tricky case because it had political undertones written all over it.

There were concerns the court would come up with a politically- inclined judgment but Arach-Amoko, who wrote the lead judgement, not only reinstated the Rebel MPs in this high-profile ruling, she ruled that a member of parliament cannot lose their seat in the House upon expulsion from their party.

“She was incorruptible and she always stood up to the law. I won almost 98 per cent of the cases before her because I always looked at the law and she always agreed with me, unlike some judges who look at other issues. With her passing, we have lost a great judge,” Alaka said.

SPOTLESS IMAGE

On his part, Lord Mayor Erias Lukwago describes the fallen justice as a jurist who lived a scandal-free life throughout her career.

“She leaves an impeachable record and a spotless image. She is one person who exuded all attributes of an accomplished jurist such as impartiality, knowledge of the law, integrity and ethics. We all knew that, even in the corridors and in the legal fraternity. We have always heard about judges who have done unprofessional things, but you would hear nothing about her. As an individual, I will always celebrate her because I know what she means in my career,” he said.

“Had it not been for her professional conduct, I wouldn’t be what I am. She professionally and meticulously handled his case and resisted all temptations. I won with a margin of 103 votes but there were almost 1,000 invalid votes, and there were all sorts of plans to manipulate justice, but she resisted all kinds of influence peddling and made a judgement that has stood the test of time and has made me what I am. I knew the pressure she was facing but she said this is the will of the people of Kampala,” he said.

Unfortunately, she died without ascending to the highest position, either as the chief justice or deputy chief justice. I always loved to see her in those positions.”

WHAT OTHERS SAY

Justice Musa Ssekaana

Justice Arach-Amoko encouraged me to join the bench after identifying me from private practice. I refused and I told her that I was still making some money in private practice. Later in 2015, she asked again and I told her I would think about it and after discussing it with my wife. I accepted and she was my referee. She has always guided me on all the complicated cases.

Norbert Mao, Minister of Justice

Coming soon after we lost Justices Kenneth Kakuru and Opio Aweri, this is such a heartbreaking blow to the judiciary. I convey heartfelt condolences to the family of Lady Justice Stella Arach Amoko, the Chief Justice, and the entire judiciary. Uganda has lost a first-rate judge.

Attorney General of Uganda, Kiryowa Kiwanuka

I appeared before Justice Stella Arach-Amoko several times, be it at the High court, Court of Appeal, and the Supreme court. Arach-Amoko was always humble, courteous, and soft-spoken but indeed very firm.

Lady Justice Susan Okalany

She was stylish too! Loved to dress elegantly! She was willing to train and coach others. During our orientation as newly appointed judges, following a discussion on judgment writing, l remember her telling us: “Just because you must apply the law does not mean that you will throw common sense out of the window.”

Faisal Mulalira, High court Registrar

She had a vast experience as a draftswoman while in the Parliamentary Council. She did her work with a lot of simplicity, courtesy, and with a big eye for detail. If you winked on the wrong edge of her pen, you would see her judgment.

She spearheaded the review of the curriculum when the failure rate was high and overwhelming at LDC.

Life and career

Justice Stella Arach-Amoko has had a long illustrious legal career spanning 44 years. At the time of her death on June 17, 2023, she was serving as a Justice of the Supreme Court, a position she was appointed to in 2013.

She started her career as a pupil state attorney in 1979 in the ministry of Justice and Constitutional Affairs and rose through the ranks to the position of commissioner in charge of Civil Litigation. It is from there that she was appointed Judge of the High court (1997). Justice Arach-Amoko was elevated to the Court of Appeal in 2010 where she served for three years before being appointed to the Supreme court.

In January 2021 she was appointed as a member of the Judicial Service Commission representing the judiciary, a position she held until her demise. In 2006, she was appointed a judge of the East African Court of Justice until her elevation to the position of deputy principal judge at the Court in 2008.

Justice Arach- Amoko has been an extraordinary jurist who has been a champion of justice. A mentor to many, Justice Arach-Amoko has been described as an icon of justice, whose legal mind and dedication have left an indelible mark.

Justice Arach- Amoko held many leadership positions including chairperson of the Law Development Centre management committee and president of the National Association of Women Judges. She was born on October 5, 1954, and is survived by her husband, ambassador James Idule Amoko, children and grandchildren.