M7’s Swearing in is in Balance, Why?
By: Twinomujuni Catherine
Kampala: Following the recent orders by the constitutional court that a serving judge should resign before taking up any other appointment for a new job by the executive, the Electoral commission has told the supreme Court that president Museveni’s swearing in hangs in balance.
Justice Kenneth Kakuru on behalf of other justices has ruled that it’s not proper according to the Constitution to uphold positions which require others to upload therefore it’s illegal for judicial officers to be appointed to other offices before stepping down as judges.
According to the judgement, the chairperson of the Electoral Commission Simon Byabakama, Dpp Justice Jane Francis Abodo and Benjamin Kabiito should vacate offices because it’s illegal for them to be in those offices.
However according to the acting director of Civil Litigation told court on Wednesday that those orders would greatly impact and interfere with President Museveni’s swearing in Ceremony slated to take place in 12 May 2021.
” The Electoral Commission has just concluded the presidential, parliamentary and local government elections, so it doesn’t need disruptions because it is soon presenting to you the recently elected leadership at all levels and are to be sworn in and still with those orders, the DPP’s office is unable to perform it’s functions hence creating a legal lacuna” Kaahwa told the supreme Court.
According to Attorney General’s lawyers, the implementation of such orders will slow the work of the judicial service Commission and office of DPP.