Uganda’s Chief Justice Benjamin Odoki congratulates President Yoweri Museveni as his wife Janet looks on after taking his Oath of Office during a past inaugural ceremony. PHOTO | FILE
What you need to know:
President Museveni on July 9, 2013 wrote to chairman of the Judicial Service Commission, directing that Mr Odoki be given a two-year contract
Kampala. Three Constitutional Court judges have unanimously ruled that the re-appointment of retired Chief Justice Benjamin Odoki was unconstitutional in a case in which the court was petitioned on whether President Yoweri Museveni was right to re-appoint him (Odoki).
In their ruling- as part of the five judges on the panel hearing the case- Justices Lilian Tibatemwa, Eldad Mwanguhya and Solomy Balungi Bossa on Monday morning greed that the 1995 Constitution of the Republic of Uganda does not provide for such re-appointments. “The framers of the 1995 Constitution made it clear that upon retirement, the Chief Justice is not eligible to be re-appointed to the same position,” said Ms Tibatemwa.
However, the other judges on the panel; Justices Remmy Kasule, Rubby Aweri Opio, are yet to deliver their rulings on the matter.
The case arose last year when President Museveni on July 9, 2013 wrote to chairman of the Judicial Service Commission Justice James Ogoola, directing that Mr Odoki be given a two-year contract in order to “maximise the services of our human resource”.
However, the reappointment of the retired Chief Justice was challenged in court by Western Youth MP Gerald Karuhanga (petitioner) on grounds that it was unconstitutional because he had clocked the mandatory constitutional retirement age of 70.
