New twist in Kasango judges case in Supreme Court

Kampala, Uganda | THE INDEPENDENT | An appeal at the Supreme Court against a ruling that it is mandatory for all judges to first resign from the judiciary before taking on executive or constitutional offices, took a new twist with the Administrator General being named to replace late lawyer Bob Kasango.

A panel of seven justices led by Professor Lillian Tibatemwa Ekirikubinza on Tuesday replaced Kasango when his matter came for hearing, following an application by the Attorney General who was being represented by Assistant Commissioner Richard Adrole and State Attorneys Jacklin Amusugut and Arnold Kyeyune.

The other Justices are: Monica Mugenyi, Catherine Bamugemereire, Percy Night Tuhaise, Christopher Izama Madrama, Stephen Musota and Mike Chibita, whose actions were challenged by Kasango in this very petition. Kasango a renowned lawyer died in February 2021.

On March 18th 2021, the Constitutional Court led by Justice the late Justice Kenneth Kakuru unanimously ordered that a serving judge should resign before taking up any other appointment in executive or Constitutional offices. They declared that effective March 18 any Judicial Officer serving in such offices who continues with duties before the resignation, their decisions shall be invalid.

They reasoned that such actions contravene several articles enshrined under the constitution regarding their mandates as Judicial Officers and the oath they take which talks about being independent.

The ruling by the justices was as a result of the petition filed by the late Bob Kasango in 2016 who challenged the decisions made by the then Director of Public Prosecutions Justice Mike Chibita to sanction corruption-related charges against him when he was still a serving judge.

But later on, all the offices that were affected by the decision applied for an interim stay of the proceedings in the Supreme Court pending the determination of the appeal, which then kept them in offices to date.

The affected offices include the Electoral Commission currently headed by Justice Simon Byabakama, the Judicial Service Commission led by Justice Benjamin Kabiito and the DPP led by Judge Jane Frances Abodo.

They jointly argued that there was going to be a legal crisis in the country if the stay was not granted because there was a big threat to execute the said orders. Consequently, the appeal came Tuesday for hearing.

When the matter came up, Adrole said on 28th February when he appeared before Justice Percy Night Tuhaise as a single Judge, they informed court that they didn’t take essential steps in this case, since they didn’t know if there was an administrator for the deceased.

Court has heard that government later got information that the Administrator General is in charge and the one with the letters of administration and that they thus decided to adjourn the case to the next session.

As a result, Adrole asked court to allow him to amend the record of the appeal to substitute the parties, to replace Kasango with the Administrator General who now has the powers of administration.

Professor Tibatemwa demanded to know under what law  the administrator general can come in a case that is not dealing with property.

In response, Adrole said that the rules of the  Supreme Court state that when it is necessary that the deceased be substituted, the person with the letters of administration will be the one to be replaced until the final decree has been made in the case.

Adrole emphasized that his interpretation of the law is that the administrator general is the one in charge.

Justice Tibatemwa again demanded to know if the Administrator General has interest in a case like this which doesn’t involve property.

“What is your view? I don’t think this is the case where the Administrator General would come in”, asked Tibatemwa.

At this point, Adrole said that they have no option because there is no one else interested in joining the suit.   But Madrama emphasized that the real issue here is that Kasango’s case was a matter of public interest already touched by the Constitutional Court.

Justice Bamugemereire demanded to know since the respondent Kasango passed on, and Administrator General is holding a public office, whether he would take it seriously and in a way that Kasango wanted it. After this interrogation, Adrole said the Administrator General would take it up because they had communicated.

As a result, the Court allowed that Administrator General to take over the matter with orders that Parties will be invited to attend the next session from which schedules will be given.  The matter is now Attorney General versus Administrator General.

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URN