By Aggrey Baba
The Uganda Law Society (ULS) has challenged the legality of President Museveni’s appointment of Justice Moses Kazibwe Kawumi as Deputy Chief Justice, warning that the entire process risks being nullified because the Judicial Service Commission (JSC) that recommended him is under active constitutional challenge.
The explosive protest by the ULS throws a cloud of uncertainty over Kazibwe’s appointment and raises fresh questions about the legality of recent decisions being processed within the Judiciary.
Justice Kazibwe, who has been serving on both the Court of Appeal and Constitutional Court, was officially appointed Deputy Chief Justice to replace the retired Justice Richard Buteera, alongside Agnes Alum, who was appointed Chief Registrar of the Judiciary.
But even before celebrations around the appointments could settle, the Isaac Semakadde-led ULS has released a sharply-worded statement questioning the legality of the process through which the appointments were made.
According to the ULS, the JSC, which is mandated to recommend judges and senior judicial officers for appointment, is itself facing unresolved constitutional challenges before court.
The ULS says Constitutional Petition No.11 of 2025 and Constitutional Application No.12 of 2025, currently pending before the Constitutional Court, challenge the legality and composition of the JSC.
At the center of the dispute is the claim that the JSC was constituted in violation of Article 146 of the Constitution because it allegedly lacks duly nominated representatives from the ULS.
The Society warned that recommendations made by such a commission risk later being declared invalid.
“The rule of law demands that fundamental questions about the legality of the appointing mechanism be determined before such high offices are filled, not after,” the statement reads.
The lawyers warned that proceeding with senior appointments while constitutional cases are still pending creates a dangerous precedent capable of undermining public trust in the Judiciary.
“Proceeding with senior judicial appointments in the face of these live constitutional challenges creates a dangerous precedent.”
The ULS further argued that allowing Kazibwe and Alum’s appointments to proceed before court determination risks reducing the Constitutional Court process into what it called a mere academic exercise.
ULS also accused authorities of delaying efforts to resolve the dispute by allegedly removing Civil Appeals 98 and 99 of 2025 from the Court of Appeal cause-list.
The cases reportedly relate to the election of ULS representatives to the Judicial Service Commission.
As Deputy Chief Justice, Kazibwe now assumes the second most powerful office in Uganda’s Judiciary and is expected to deputize the Chief Justice while helping oversee administration of justice across the country. (For comments on this story, get back to us on 0705579994 [WhatsApp line], 0779411734 & 041 4674611 or email us at mulengeranews@gmail.com).
