Museveni’s swearing in hangs in balance following constitutional court judgement

By Ruth Anderah 

The Attorney General has told the Supreme Court that the swearing-in of President Museveni and other leaders who are supposed to take office in May 2021 hangs in balance following the Constitutional Court Judgement involving the late Bob Kasango.

On March 18th 2021, a Panel of five Constitutional Court Justices led by Kenneth Kakuru declared that it was unconstitutional for a serving Judicial Officer to be appointed in any executive or constitutional office before resignation.

As such, offices like the Judicial Service Commission, Electoral Commission and the Directorate of Public Prosecutions were affected since the judgement stated that the decisions made by the respective heads will be rendered illegal from the date of judgement.

Kasango who filed the petition following the decision by the former Director of Public Prosecutions Justice Mike Chibita to institute corruption charges against him before resigning as a Judge had argued that the roles required by the DPP are under clear conflict with the oath taken by a judge especially on being independent.

Kasango also noted that as someone who works in an executive position, there is no way he would be independent and serve in line with the judicial oath without resigning first.

All the affected offices through their lawyers today appeared before a panel of five Supreme Court Justices led by Chief Justice Alfonse Owiny-Dollo for hearing of an application seeking to stay the implementation of the Constitutional Court orders.

Christine Kahwa the Director of Civil Litigation told Court that the swearing-in of President-elect Yoweri Museveni, Members of Parliament and other local government leaders requires a fully constituted Commission and with the said orders they cannot present those leaders to the swearing-in authority.

The Justices are yet to give their ruling anytime from now after the proceedings went on exparte in the absence of the deceased Bob Kasango.

Kasango who is a respondent in this case died on February 27 2021 due to heart-related complications.

Written by Noelyn Nassuuna