An attempt by Deputy Chief Justice Steven Kavuma to join the attorney general in the lawsuit challenging his appointment was thrown out by the Supreme court on May 7.
Dismissing the matter, Justice John Wilson Tsekooko said Kavuma's application was "smuggled" into the court system. 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).
But lawyers Macdosman Kabega and Enos Tumusiime failed to persuade pre-trial judge, Justice Tsekooko, to allow their client, Justice Kavuma, to join the case as the second respondent. Karuhanga and Kiiza petitioned the Supreme court in March after the Constitutional court registry staff refused to receive the petition that was initially timed to pre-empt Kavuma's vetting process in parliament.
According to the petitioners, the Judicial Service Commission, which is mandated to pick judicial nominees, did not nominate and recommend Justice Kavuma for appointment by President Museveni as deputy Chief Justice.
At the pre-trial hearing, Kavuma's lawyers told court that their client needs to join the suit as a second respondent "in order to effectively put his case before court." The lawyers argued that Kavuma's right to be heard will be violated if his application doesn't succeed.
"The main application is an attack on the person of Justice Kavuma and he needs to defend himself as a person," the lawyers said.
In his application, Justice Kavuma maintains that he applied to the Judicial Service Commission for the position of deputy chief justice and was duly interviewed and recommended to the president for appointment. However, the petitioners' lawyer, retired Supreme Court judge George Wilson Kanyeihamba, asked the court to throw out Kavuma's application. Read more
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