Uganda: Judiciary can work without CJ - Nyombi

Kampala. 

Attorney General Peter Nyombi has said the Judiciary, which has “struggled along” without a leader for almost two years, can still function without a substantive Chief Justice (CJ).

Mr Nyombi said on Friday: “There is no evidence that organs and agencies of government have been crippled and embarrassed by the delayed appointment of the CJ and Deputy CJ.”

The AG’s pronouncement comes only weeks after judges said in the absence of the CJ, they are like sheep that are wandering without a shepherd.

Mr Nyombi ‘s sworn affidavit was filed at the High Court Civil Division in Kampala in response to a judicial review, among other things, seeking orders for quicker appointment of a substantive CJ and Deputy CJ on grounds that Justice Steven Kavuma is wrongfully acting in the two offices. 

The Legal Brains Trust (LBT), a local civil society organisation that filed the application, contends that the delayed appointments “severely crippled and embarrassed the Judiciary”.

Mr Nyombi said Justice Kavuma was on March 13, 2013, requested by the then Chief Justice to take care of the office of the Deputy Chief Justice as the then Acting Deputy Chief Justice, Lady Justice C.K. Byamugisha, was unwell and unable to perform the duties of that office and Justice Kavuma continued performing those functions until Byamugisha passed on. 

The AG further argues that the application cannot stand for it was filed out of time. The High Court Civil Division sitting in Kampala is due to hear the case and make a ruling. 

The country has for nearly two years been without a substantive Chief Justice following the retirement of Justice Benjamin Odoki on March 23, 2013. He also served out his three months extension.

The President attempted to re-appoint Justice Odoki but the move was opposed by a section of the legal fraternity, including Uganda Law Society president Ruth Ssebatindira, who described the the continued lack of Chief Justice and Deputy as a “big elephant in the conference room”.

Source: Daily Monitor (Uganda)