By Mark Wamai

It was on 18th August, 2024 at the age of 75 that Prof. Khiddu Makubuya, an accomplished man in academia and politics, passed away. He was laid to rest on 23rd August, 2024 at his ancestral home in Katiti-Kalasa, Luwero District. 

Born on 30th July 1949 in Katiti-Kalasa, Luwero District, Prof. Khiddu Makubuya was a gallant Makerere University School of Law Alumnus, best described by his family as a loving and listening father, who emphasized hard work and good performance of whatever task one was assigned. It is no wonder that they equally described him as a workaholic and nationalist, whose opinions always came with both strengths and disadvantages. 

Makubuya

Prof. Khiddu Makubuya addresses a public gathering

“Most of his works were thorough and based on the law. He believed that no work is without a challenge. He would pray, research, and lobby,” remarked his wife Mrs. Tessie Khiddu Makubuya. 

Trek to Makerere

Prof. Makubuya’s path to becoming an accomplished lawyer, politician, and academic can be traced to his mother the Late Veronika Lakeeri Nalule Kigozi who was of significant inspiration as he grew up in Katiti-Kalasa Village. He attended Kalasa Primary School and after completing P.6, joined Ndejje Junior School. Every day, he covered a half-marathon as he walked over 20 kilometres to and from school. 

“Though uneducated, she understood the value of education and so she encouraged him to always read hard and listen to his teachers,” recalled his daughter Ms. Leah Nanteza, before her younger sister Ms. Georgina Nampala supplemented, “She toiled doing various odd jobs including selling her farm produce (sweet potatoes, coffee and matooke) as well as brewing local brew/banana wine to support her son’s primary and secondary Education.” 

The long distance notwithstanding, a magnificent house owned by a wealthy man along his daily route of commute served as a source of inspiration to the young Makubuya. Greatly admiring it as he passed, he wished that he would one day own one just like that. This daydream was rudely interrupted when two years after joining Junior School, he ran out of school fees and moved to Kampala to live with an in-law who had married his elder sister.

“He spent a year with his in-law, during which they tried to enrol him in a school in Kampala, but they were unable to raise the necessary fees as well. As a result, he returned to the Ndejje Junior School to collect something called ‘caution money’,” his son Dr. Ivan Kimuli recounted. 

It was while on his trip to Ndejje that one of the staff members saw him and inquired why he was there. After their conversation, the staff member decided to keep him at the school while they spoke to a teacher named Ms. Joyce Gibbs, who taught at the Teachers Training College (TTC) in Nalinya Lwantale about his potential. 

“Moved by Makubuya’s story, Ms. Gibbs committed to paying his school fees, providing a cheque at the beginning of each term, on the condition that he worked as a casual labourer, slashing the compound of the TTC,” his daughter, Ms. Deborah Namala shares.

According to another son, Mr. Godfrey Makubuya, his late father was supported by Ms. Gibbs until he completed his O-Levels at Ndejje Secondary School. And despite what would be described as a torturous life in contemporary language, Makubuya excelled in his O-Level exams, achieving five distinctions. At that time, Ms. Gibbs hoped he would join King’s College Budo, but Makubuya and his mother had other plans, preferring Makerere College School instead, and so she consented. 

“Interestingly, they both did not know where Makerere College School was located,” reminisced his son Mr. Daniel Victor Kaweesa. “So, when they arrived in town my grandmother and father got off the bus at a place called Kavule and had to ask for directions to Makerere College School,” he added.

The Makerere dream comes to life

Makubuya attended Makerere College School for his A-Level, where he continued to excel. Never one to forget his roots, during the holidays, he returned to teach at Kalasa Primary School. Later, he enrolled at Makerere University to pursue a Bachelor of Laws degree, where he excelled and graduated as the first Ugandan to attain the programme’s first-class honors in 1974. 

“He spoke very well of his teachers such as, Lugumba, Prof. Katende J, Kiapi, Kakooza Joseph, etc., and how committed they were. He regarded them as good timekeepers who mentored them on how to become good lawyers.

“With studies, there was no compromise,” recalled Ms. Makubuya of her late husband, “He would say that you either perform or be declared a moron,” she added rather summarily. 

Makubuya loved and considered “The Hill” as it is often referred to, as his second home, despite the tough financial times he had to endure while studying. Even with scarce resources, Makubuya would travel to Mityana Secondary School, which at that time had no English teacher, and teach the students during the university holidays. 

Career as learned fellow and politician

The same year he graduated, Makubuya was appointed as special assistant at the then Faculty of Law, a position he held until 1975 when he departed to pursue further education. He attended the prestigious Yale University in Connecticut, USA, where he obtained the Master of Laws degree and a Doctor of Juridical Science in 1976 and 1979 respectively. He returned to Makerere in 1979, whereupon he was promoted to the rank of lecturer. Makubuya then joined the Law Development Centre where he completed his Diploma in Legal Practice between 1981 and 1982 and was promoted to the rank of senior lecturer that same year. 

Prof. Khiddu Makubuya takes oath as Minister of General Duties - Office of the Prime Minister on 6th June 2011.

Prof. Khiddu Makubuya takes oath as Minister of General Duties - Office of the Prime Minister on 6th June 2011.

In 1983 Prof. Makubuya partnered with Mr. Ellis R. Kasolo and together, they formed Kasolo & Khiddu Advocates, a private law firm, and in 1984 he was promoted to the rank of associate professor. In 1985 he enrolled as an advocate of the Uganda High Court. He was a prolific author who published a number of academic papers, books and legal opinions. 

Key among his publications was a book titled, Introduction to Law: The Uganda Case, published in 1983. This book continues to be sought after by many students of law to-date. Thanks to his brilliance and commitment to academia, he served as editor-in-chief of the Uganda Law Society Review from 1984 to 1987.

Additionally, under the Makerere Institute of Social Research (MISR) and Land Tenure Center, University of Wisconsin (UW), USA, Prof Makubuya served as the legal advisor to a multi-disciplinary team within Makerere University to carry out a World Bank funded study on the land tenure system in Uganda between 1989 and 1991. He worked with Prof. Dan Mudoola (Director MISR), Mr. Kisamba-Mugerwa (MISR) and Dr. E.S.K. Muwanga-Zake (Institute of Statistics and Applied Economics – ISAE), while Prof. Richard Burrows represented the Land Tenure Center, UW.

Prof. Makubuya served as head of the Department of Law and Jurisprudence, in the then Faculty of Law until 1995, when he was appointed Inaugural Director of the Uganda Human Rights and Peace Center (HURIPEC) under the same faculty. He was a member of the Makerere University Senate Committee, and according to his daughter Ms. Rebecca Nabaggala, “He enjoyed Senate meetings where different professionals talked about their fields.”

Thanks to his rich legal and academic experience, he was appointed a member of the Commission of Inquiry into Violations of Human Rights, established by the NRM Government in 1986 soon after it took over power. Some of the commission’s recommendations included the establishment of an independent Uganda Human Rights Commission (UHRC). Prof. Makubuya would later be selected as a member of the Uganda Constitutional Commission, headed by Justice Benjamin Odoki which was instrumental in drafting the 1995 Constitution of Uganda that established the UHRC under provisions of Article 51(1). 

Prof. Khiddu Makubuya with his grandchildren.

Prof. Khiddu Makubuya with his grandchildren.

In 1996 Prof. Makubuya left academia to contest as Member of Parliament (MP) for Katikamu South Constituency in Luwero District, a seat he won. As MP, he was a Member of the Committees on Education and Sports as well as Rules, Discipline and Privileges. 

Prof. Makubuya was appointed as State Minister for Luweero Triangle in 1996, and State Minister for Foreign Affairs (International Cooperation) in 1998. He was appointed Minister of Education and Sports in 1999, and between 14th January, 2005 and 27th May, 2011, he served as Minister of Justice and Attorney General. On 6th June, 2011 he was appointed Minister for General Duties in the Office of the Prime Minister, a position he held until his resignation from Cabinet on 16th February 2012.

A life founded on prayer and service

Prof. Makubuya was a stalwart supporter of both local initiatives and the Church of Uganda, where he served as Chancellor of Luwero Diocese for 30 years. Beyond the Church, he served as Chairman of the Parents Teachers Association at Ndejje Senior Secondary School and Ndejje Junior School and was instrumental in the 1992 establishment of Ndejje University under the Church of Uganda. He was a rotarian at the Rotary Club of Kampala (Arch) where he attained the highest recognition of Paul Harris Fellow (PHF). 

According to Ms. Makubuya, her late husband would rise as early as 4am every morning to read his Bible, backed by his Daily Reading Guide. It’s only after reading his Bible and guide that he would then read and research other works. “He was a symbol of humility and he drew his strength from God,” she said.

H.E. Yoweri Museveni (R) shakes hands with Prof. Khiddu Makubuya after awarding Golden Jubilee Medals to all memebers of the 1st-9th Parliament in 2016.

H.E. Yoweri Museveni (R) shakes hands with Prof. Khiddu Makubuya after awarding Golden Jubilee Medals to all memebers of the 1st-9th Parliament in 2016.

In her eulogy, Ms. Makubuya said, “You were humble and compassionate to us all; if love could have saved you, you never would have died. I testify to the goodness and love of God in our lives. He has sustained us and we take refuge in Him.”

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