Acting judge not confirmed, ordered to hand over office

“The Judiciary did not receive from the appointing authority your instrument of appointment as a substantive judge of the High Court. Therefore, since your acting period as a judge of the High Court expires on August 15, this is to request you to hand over your office, all Judiciary properties and all case files before you to the Jinja High Court Circuit as we find out why your instrument of appointment was not received by the Judiciary,” reads in part the Principal Judge’s letter to Justice Bukirwa.

The letter has been copied to, among others, Chief Justice Alfonse Owiny-Dollo, Deputy Chief Justice Richard Buteera, the head of Jinja High Court, and the chairperson of the Judicial Service Commission, Justice Benjamin Kabiito.

In an August 8 letter, concerned lawyers in Jinja led by Mr Joshua Batwala petitioned President Museveni, demanding to know why Justice Bukirwa has not been confirmed.

“We are saddened to see and hear that of the 16 justices you appointed in an acting capacity two years ago, its only Justice Faridah Bukirwa Faridah Ntambi who is yet to be confirmed as a substantive judge of the High Court,” reads in part the letter.

Adding: “We as lawyers in the jurisdiction, who represent our clients and your esteemed voters before her, can undoubtedly confirm that the said judge has upheld the judicial oath of serving without fear or favour and has demonstrated diligence, exceptional and excellent performance throughout her distinguished career as a judge for two years and we believe she will continue to serve with the utmost integrity.”

The lawyers further asked the President to “reconsider and confirm Justice Faridah as judge of the High Court to allow her the opportunity to continue with her exemplary service.” 

In 2022, Justice Bukirwa was among the 16 judges of the High Court whom President Museveni appointed in acting capacity on the advice of the Judicial Service Commission (JSC).

However, Makerere University constitutional law don Kabumba Busingye petitioned the Constitutional Court, arguing that the appointment of the said judges in acting capacity is not provided for in the Constitution.

In a majority judgment of four to one, the court agreed with Mr Kabumba and faulted the JSC for misguiding the President to hire judges in acting capacity.

But the justices said the judges already appointed in acting capacity shouldn’t vacate office but instead directed the JSC to regularise their appointment within six months.

In an exclusive interview that same year, Justice Benjamin Kabiito, the chairperson of the JSC, reasoned that the Constitution provides for the appointment of judges in acting capacity.

He explained that the two years in acting capacity are intended to be used as an assessment tool for the appointees.

Justice Kabiito emphasised that at the end of the two years in acting capacity, if the appointee judge performs below the minimum pass mark, he or she will not be confirmed and will revert to his/ her position of say being the registrar or magistrate.

The decision of the Constitutional Court has since been appealed before the Supreme Court, which has not yet determined it.

Background

The appointees in acting capacity in 2022 were; Ms Mary Ikit, Mr Douglas Singiza Karekona, Ms Susan Kanyange, Mr Samuel Emokor, Ms Flavia Matovu Nassuna, Ms Patricia Asiimwe, Mr Bernard Namanya and Thomas Ocaya Ojele Rubanga, Others were Ms Grace Magala, Mr Collins Acellam, Mr Allan Nshimye Mbabazi, Ms Patricia Mutesi, Ms Christine Kaahwa, Mr George Okello, Ms Celia Nagawa and Ms Faridah Bukirwa.