‘Supreme Court understaffed’ - Judiciary

Feb 16, 2011

THE Supreme Court is short of justices to hear constitutional petitions that may arise from the February 18 general elections.

By Hillary Nsambu

THE Supreme Court is short of justices to hear constitutional petitions that may arise from the February 18 general elections.

The Judiciary’s public relations and information officer, Erias Omar Kisawuzi, yesterday said the Supreme Court was short of one justice following the retirement of Justice Galdino Magellan Okello.

He said the Supreme Court had only six justices, instead of the seven required to constitute a full panel to hear a constitutional petition.

Presently, there are 15 cases pending appeal in the Supreme Court.
Even if there were seven justices, it would not be possible to have the required quorum.

“For the Supreme Court to effectively function, two more justices are required in the short run. This is because there are cases which Justice Kituma cannot hear, having been on the panels that had heard them while she was still a member of the Court of Appeal,” Kisawuzi explained.

Kisawuzi also said the Chief Justice, Benjamin Odoki, had taken up the matter of having the appointing authority fill the vacuum to avoid operating in a crisis.

In the absence of quorum, Kisawuzi said the Chief Justice advises the Judicial Service Commission to fill the position.

However, the Judicial Service Commission is also not operational because with the exception of the commission’s chairperson, Justice Seth Manyindo, all the other members had left because their terms of office expired last year and a new one is yet to be appointed.

Justice Okello retired in January this year after attaining the mandatory retirement age of 70 years. Other judges and justices who recently retired are Lady Justice Laetitia Mukasa-Kikonyogo, the Deputy Chief Justice; Justice George Engwau, the Principle Judge; James Ogoola, and High Court’s Anna Magezi.

(adsbygoogle = window.adsbygoogle || []).push({});