A second year student of law at Nkumba University has sued the Attorney General of Uganda, seeking for a court order directing the Judicial Service Commission to release to him information regarding how Justice Stephen Kavuma came to be appointed as the Deputy Chief Justice. Further, the student wants an injunction restraining the information officer of the JSC from holding onto public information as well as costs of the suit.
The student alleges that on 21 April 2015, he served the Judicial Service Commission (JSC) an access to information request demanding to be availed the records that documented the process through which Justice Steven Kavuma came to be appointed as the Deputy Chief Justice of Uganda.
Under the Constitution, a person who occupies such a position in the judiciary as the Deputy CJ can only be appointed by the President after being recommended by the JSC. Shortly after Justice Kavuma’s appointment as Deputy Chief Justice, a local newspaper published a story in which some members of the JSC expressed ignorance as to whether or not Justice Kavuma was vetted for the position of DCJ.
It is partly for that reason that the student placed a formal inquiry before the JSC, demanding to be given the documents detailing Justice Kavuma’s appointment process.
Under Article 41 of the Constitution, a person has the right to access public information held by a public body. The Access to Information Act stipulates that where an access to information request has been made, the relevent public body must respond within twenty-one days.
The failure by JSC to answer the queries posed by Mr Esomu WITHIN 21 DAYS regarding the “mysterious” way in which Justice Kavuma was appointed DCJ yet some members of the JSC denied ever vetting let alone recommending him for the post is partly what prompted the student to Run to Court seeking for an order directing for the release of that information.
When approached for a comment, Mr. Esomu stated that he is simply seeking to encourage respect for the rule of law by all citizens and government bodies alike.
The move by Mr. Esomu that o challenge the JSC comes at a time of great beleaguerement for Justice Steven Kavuma who has in the recent past been put on tenterhooks by a City Lawyer who challenged his appointment as acting Chief Justice. The latest move by a 2nd year student is bound to further compound Justice Kavuma’s troubles.
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