After he tried and failed to join the attorney general in fighting a petition challenging his appointment, Deputy Chief Justice Steven Kavuma last week withdrew his application from the Supreme court.
Two lawyers, Youth MP (Western) Gerald Karuhanga and Eron Kiiza, are challenging Justice Kavuma's appointment as deputy chief justice, saying it was not sanctioned by the Judicial Service Commission (JSC), which is mandated to nominate judges for appointment by the president.
On May 7, 2015, Supreme court judge John Wilson Tsekooko dismissed Kavuma's application to join the attorney general's defence team, saying it had been smuggled into the court system. The judge advised Justice Kavuma's lawyers Enos Tumusiime and Macdosman Kabega, to file the application properly. The lawyers obliged and filed the application accordingly.
However, when the case came up for hearing last Wednesday, the same lawyers told Justice Galdino Okello, who had replaced Justice Tsekooko in the matter, that their client had decided to withdraw the application.
Tumusiime said: "My Lord, by last evening we were ready to proceed with this application but our client [Justice Kavuma] told us to come and withdraw it, saying that the attorney general can effectively handle the petition."
Tumusiime added that Justice Kavuma withdrew the application because he wants the main petition challenging his appointment to be heard without any further delay.
"This is a very serious matter touching the character and person of Justice Kavuma and he would like it to be heard such that his name is cleared," Tumusiime said.
The Observer has been told by lawyers conversant with the case that Justice Kavuma could have withdrawn the application after realizing that by joining the attorney general, he could be required to appear for cross examination during the course of the hearing. Read more
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