By Otim Nape
The Supreme Court is finally filled up with a total 11 Justices and thereby complying with the Constitutional provisions that permit a maximum of 11 Justices in the Apex Court. Prompted by Judicial Service Commission (JSC) chairman Benjamin Kabiito, President Museveni has endorsed the move to ensure no vacancy is left at the Supreme Court. On clocking 70, Justice Kavuma ceased to be Deputy Chief Justice and head of Court of Appeal. This created an impression that being hired to serve in Supreme Court on contract basis was the natural thing his godfather President Yoweri Museveni would do. In fact Justice Minister Kahinda Otafiire had written to JSC late last year directing workaholic Justice Kabito to interview Kavuma preparing him for a role in Supreme Court. But unfortunately for the much taunted Judge from Kyaddondo, Otafiire’s letter leaked and Daily Monitor published the story. This created public uproar and JSC treaded carefully having rightly realized this wasn’t going to be an easy matter. Then Kavuma’s hopes lay in Museveni to whom Kabito’s JSC voted to leave the matter. JSC thereafter was directed to reflect on the two more senior Supreme Court Justices that were supposed to retire in November 2017 on the account of age having clocked 70 which is the mandatory age of retirement. These are Jotham Tumwesigye and Augustine Nshimye Sebuturo. The JSC got down to do the job and sent their report to the President recommending it was better to retain these two than posting Kavuma to the Supreme Court. “It would be good PR for the government and Judiciary rather than contending with the public debate that would accompany Kavuma’s elevation to the Supreme Court,” the JSC officials were quoted to have communicated their anti-Kavuma strategy to Museveni who had also just got his prize of the Magezi Bill through Parliament. The big man felt that, given the public anger the Magyezi Bill passage had created, it wouldn’t be giving away too much if he makes concessions on Kavuma’s Supreme Court posting at least for now. But in its larger report, the JSC had reluctantly put an appendage showing the outcome of their assessment regarding Kavuma’s suitability. They clearly stated, and rightly so, that the President is the one mandated to have the last word on the three Supreme Court candidates namely: Nshimye, Tumwesigye and his man Steven Kavuma.
It was a hard choice to make and in the end Museveni did what many Judiciary stakeholders considered to be right thing: choosing the two retiring Supreme Court Justices and leave Kavuma out. That’s how State House a few days ago prompted the JSC to work out the necessary paper work formally appointing Tumwesigye and Nshimye to stay on at Supreme Court as contract judges with a mandate to serve for two (2) more years after which, sources say, there won’t be any renewal. This still leaves room for Kavuma, who is still clinging on at the DCJ office at Twed Building, to later on be posted in the Supreme Court. Watch this space for more juicy Judiciary stories.
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