The Chief Magistrates Court at Mengo has this afternoon granted the recently appointed Deputy Chief Justice (DCJ) Steven Kavuma permission to join a suit that may have the effect of impeaching his appointment.
On 22 May, Simon Peter Esomu, a law student at Nkumba University dragged the Attorney General of Uganda (AG) to the Mengo Court asking for an order compelling the Judicial Service Commission (JSC) to release the report detailing the search and selection process that culminated in the appointment of the beleaguered DCJ.
Until now, the JSC is treating this report as top secret and Justice Kavuma seemingly wants it to remain like that.
Mr. Esomu, who is represented by Advocate Isaac K. Ssemakadde of Centre for Legal Aid, argues that concealment of this report violates Article 41 of the Constitution and Sections 3 and 5 of the Access to Information Act, 2005.
The AG represents the JSC by dint of Articles 119(3)(c) and 250(2) of the Constitution. The JSC is an organ of government which lacks the capacity to sue or be sued in its own name.
Eight weeks after the filing of Mr. Esomu’s law suit, the AG has no reply on the court file.
In his application, Justice Kavuma expressed fears that the absence of a reply from the AG may prejudice him yet it is clear that the law student is out to impeach him and for that matter, it is necessary for him to be joined in the suit as the second respondent.
Justice Kavuma was appointed as the new DCJ by President Museveni who went on to swear him in on 20th March 2015. He was filling a vacancy caused by the retirement of Justice Leticia Mukasa Kikonyogo.
His appointment raised a number of legal hairs with many, including city lawyer and Western Youth Mp Hon. Gerald Karuhanga, questioning the propriety of the appointment process.
The case will now resume on 19 August with Justice Kavuma as the second respondent.
