{UAH} WHY MUSEVENI HAD REFUSED TO APPOINT KATUREBE AS CHIEF JUSTICE

WHY MUSEVENI HAD REFUSED TO APPOINT KATUREBE AS CHIEF JUSTICE

Introduction
Museveni finally succumbed to pressure and swallowed his pride when he appointed the Judicial Service Commission (JSC) chosen Justice Bart Katurebe as Chief Justice (CJ) of Uganda thus ending two years of holding the Judiciary hostage. It is victory for the legal fraternity and in particular the Uganda Law Society (ULS) that never relented, a victory for Hon Gerald Karuhanga who petitioned the constitutional Court and a victory for some Ugandans who stood by the constitution. For two years Museveni had arrogantly denied Justice Bart Katurebe was was due to him the same way he continues to deny the elected Kampala City Mayor Elias Lukwago access to his office. He attempted to reappoint his buddy Justice Benjamin Odoki who had clocked the constitutional retirement age the same way he is planning to seek another presidential term despite being disqualified by the constitutional age limit. Museveni has been trounced and Justice has prevailed.

Museveni and the legal profession 
Since time in memorial Museveni has held the legal fraternity in contempt. Like all ditators, when he came to power he had problems with the Judiciary and the Lawyers. He has repeatedly despised Judges and accused them of fighting his government. In 2004 when  five Justices of the Constitutional Court unanimously ruled that the 2000 refrrendum on  political system had been illegal, Museveni in a national address angrily accused the judges of usurping the powers of the "people" and parliament. He promised to "sort out" the Judiciary both politically and legally saying then that "our people" had studied law and garnered the experience required to be appointed Judges. He has always sought to rely on the Military Court Martial though of recent after appointing his cadre Judges he now has some small faith in the Judiciary.  He suffered another blow when the Judges declared his much craved for trial of civilians in military court martial as unconstitutional and an illegality. However, in 2001 he realized the strength of the courts of law when his reelection narrowly survived being nullified - thanks to then Chief Justice Odoki. That is when he embarked on the process of filling the judiciary with Cadre Judges and Justices. Unlike in the Army and Police where the personalisation process is almost complete, he is yet to fully tame the Judiciary thus why he still needed Justice Benjamin Odoki. 

Reappointment of Benjamin Odoki
In 1986 Museveni was sworn in by Justice Allen who had replaced Justice Masika of the second ousted UPC government. Museveni appointed Justice Wako Wambuzi as his Chief Justice who upon retirement was succeeded by Justice Benjamin Odoki. Benjamin Odoki had played a pivotal role in the 1995 constitution making process. He saved Museveni during the 2001 election petition where the justices unanimously agreed that the the elections had not been free and fair but dismissed the petition on three to two. It was almost the same case in the 2006 election petition.
On 23/03/2013 then Chief Justice Benjamin Odoki clocked the constitutional seventy years retirement age. His tenure of office was extended for another three months as a new Chief Justice was being sought. On 26/03/2013 the JSC recommended the reappointment of four Justices (Benjamin Odoki inclusive) who were due for retirement to be reappointed as Acting Justices of the Supreme Court. On 18th June 2013 the constitutionally mandated JSC had recommended Justice Bart Katurebe for appointment as the substantive Chief Justice. Museveni reappointed the four Justices to the Supreme Court for two years in Acting capacity but he also went ahead to appoint appoint Justice Benjamin Odoki as the Chief Justice of Uganda. On 26/7/2013 the youth Member of Parliament Hon Gerald Karuhanga petitioned the Constitutional Court  challenging the constitutionality of Benjamin Odoki's appointment as Chief Justice. On 9/8/2013 Museveni wrote to the Speaker of Parliament forwarding Justice Benjamin Odoki's name as the appointed Chief Justice for parliamentary approval. However, because of the constitutional petition and public outcry, the approval process could not take place. Museveni stuck to his guns culminating into the two years stalemate where the third army of government and temple of justice went without a head.

Ag Deputy Chief Justice Cadre Steven Kavuma doubles as Ag Chief Justice
Justice Steven Kavuma is a cadre of Museveni's ruling NRM party. Earlier, he had been Museveni's Minister of Defence - a preserve of trusted cadres. As part of Museveni's "sorting out" of the judiciary, in 2006 Museveni appointed him as a Justice of the Court of Appeal. At the time of Benjamin Odoki's retirement, Kavuma was the Acting Deputy Chief Justice following the death and retirement of Justices Kategaya and Mpagi Bahigaine respectively. Following the elapse of the three months transition period extension of Benjamin Odoki, on 25th June 2013 Museveni appointed Justice Kavuma as the Ag Chief Justice of Uganda. Since appeals from the Court of Appeal lie to the Supreme Court, by virture of his being the Ag Chief Justice, Justice Kavuma would also sit in the Supreme Court. For the next two years and in contravention of Article 33(2) of the Constitution Justice Kavuma continued to hold the Office of CJ in acting capacity till March 2015 when Museveni appointed a substantive Chief Justice.

Constitutional petition No. 39 of 2013
The petition forced Justices Steven Kavuma and Augustine Shimiye of the Court of Appeal to excuse themselves from the pannel of Justices that were to hear the petition. It is the Court of Appeal that turns itself into a Constitutional Court in order to entertain a constitutional matter.Therefore, the two being Museveni's top Cadres were viewed as having had vested interest in the matter. In the meantime, the petitioner Hon Gerald Karuhanga warned the Speaker of Parliament against furtherance of the approval process for Justice Benjamin Odoki as required by Museveni. After over one year and a half in August 2014 the Constitutional Court determined the matter in favor of the petitioner. Apart from Justice Opio Rubby Aweri who delivered a dissenting judgement, all the other four Justices were in favor of the petitioner. In his dissenting judgement Justice Opio Aweri stated thus: "In the instant case, legality of the appointment was out of question and should not have generated any alarms. The only challenge however, could have been if the said appointment was done under suspicious circumstances such as promoting selfish interests of the President etc." The petition succeeded but still Museveni was not yet done and his Attorney General claimed to have appealed against the decision in the Supreme Court though there was no evidence to that effect. 

Justice Odoki soils his legacy
Former Chief Justice Benjamin Odoki had had a successful career - 35 years under the Judiciary and 12 years as Chief Justice. He soiled his reputation when he failed to to boldly tell Museveni that his reappointment was unconstitutional. Instead before he clocked the retirement age of 70 Justice Odoki had proposed to Museveni that he keeps retiring Judges on the job longer. He went ahead to propose that the retiring age limit of Judges be moved from 60 to 65 and Justices from 70 to 75. Indeed shortly after he was a beneficiary of his proposals when his position as a Justice of the Supreme Court was extended for another two years ending August 2015. There is no doubt Justice Benjamin Odoki is personally close to Museveni and his close ally in his life presidency project. He saved him twice (2001 and 2006) when his presidency was at at the brink of being legally lost.

The Legal fraternity trounces Museveni
Throughout the saga, the leadership of the Uganda Law Society (ULS) put up a spirited fight. It challenged the appointment of Justice Kavuma as Ag CJ. It kept the general public updated through periodic educative briefings. It mobilised members of the legal fraternity to fight for a just cause. to add to the voice, Legal BrainTrust (LBT) - a local civil society organisation filed an application No 149 of 2014 for judicial review seeking a quicker appointment of a substantive CJ and DCJ. In April 2014 when ULS threatened a countrywide lawyer's strike to boycott courts of law, the worried Museveni hurriedly met the ULS leadership and cited the constitutional court petition as the cause for the delay to appoint the CJ. He promised to abide by the decision of the constitution court. In August 2014 the Constitutional Court determined the petition but still Museveni was adamant until he succumbed to pressure five months later in March 2015. In the meantime, in January 2015 the lawyers boycotted the opening ceremony of the New Law Year.  

Peter Nyombi - Cadre Attorney General paid in own currency
Being the principal legal adviser to government, on 21st June 2013 Attorney General Peter Nyombi wrote to Museveni advising him to either appoint a new CJ or to reappoint retired CJ Benjamin Odoki as the substantive new Chief Justice. He cited Articles 142 and 253 of the constitution and argued that after being as Ag Justice of the Supreme Court, Justice Benjamin Odoki was eligible for appointment as CJ. On 30/7/2013 he again wrote to Museveni advising him that since the JSC had not clearly spelled out its reservations, he (Museveni) had the constitutional mandate to appoint Justice Benjamin Odoki as CJ. As the Attorney General Pete Nyombi was an ex official member of the JSC that appoints judicial officers had attended all the JSC sittings that opposed the reappointment of Justice Benjamin Odoki. Typical of a party cadre, in order to please Museveni he would misrepresent the JSC's stand. He tirelessly defended Museveni's appointment of Benjamin Odoki in the said constitutional petition. Peter Nyombi was not alone; Museveni's team using Hon Eddy Kwizera attempted to introduce a private members bill seeking to seeking to rise the retirement age for CJ, DCJ, Principal Judge and High Court Judges to allow judges to stay on the bench longer by five years but it could not take off. It is a known secret that Museveni has his private legal team comprised of the first son in law Edwin Karugire, Gen Kayihura, Gen David Muhoozi, Brig James Mugira and a few others who formulate and guide his legal undertakings. In the Chief Justice saga he was not misled by the Attorney General Peter Nyombi. The Attorney General in Peter Nyombi the ruling party cadre simply opined what Museveni enjoyed hearing. He has now been dropped as Attorney General not because he misled Museveni in this CJ saga but because of the controversial juicy government contracts - present and future. Peter Nyombi was sacrificed for the home boy Fredie Ruhindi in a similar way Works Minister Eng Byandala was replaced by Engineer Byabagambi.

Why had Museveni refused to appoint Justice Bart Katurebe 
Museveni had arrogantly refused to appoint Justice Bart Katurebe for two reasons:-

1. He wanted to test parliament and the judiciary if they could allow the reappointment of Odoki so that he too could exploit that precedent in offering himself again for reelection beyond the constitutional presidential age limit. It is out of anger and frustration having lost that bid that recently that he appointed 90 years old Philemon Mateke as a cabinet Ministerial position. This coupled by his retention of aged and dormant cabinet ministers like Muganwa Kajura, Gen Moses Ali and others are meant to show case that age is not an issue. That aside, Museveni wanted to test if he could undermine constitutional institutions like the JSC scotch free for his personal designs. He thought he would bulldoze the JSC the same way he manipulates parliament and the security forces. He still needed Benjamin Odoki to him the needful during the anticipated tough times ahead.

2. Justice Bart Katurebe has led a successful legal profession first as a State Attorney and then into private legal practice in partnership with his now Deputy Chief Justice Steven Kavuma. In the late 80s and early 90s he had served Museveni in different Ministerial positions. He represented his home area in the Constituent Assembly in the mid 90s. In 1996 Museveni appointed him Minister of Justice and Constitutional Affairs and also doubled as the Attorney General until 2010 when he resigned into private practice. It is said that he like other leading non-Hima Ankole politicians opposed the extension of the presidential term limit. In 2005 Museveni appointed him Justice of the Supreme Court. Justice Katurebe is reputed for being one of the Justices who upheld the constitutional petition challenging the constitutionality of the military courts in trying civilians. His fall out with Museveni was further fueled by his strong catholic linkage - he is a brother to former Kasese Catholic Bishop Nkaijanabyo. This connection had to affect the military career of his nephew Col Octovious Butuuro who had risen to Deputy Director of Military Intelligence before he disappeared into oblivion. It is against this background that Museveni's intelligence estimates were not in favor of Justice Katurebe becoming the Chief Justice. It is for the same reason that Museveni has had to appoint Justice Steven Kavuma as the Deputy Chief Justice. Justice Kavuma will play a similar role Deputy Speaker Jacob Oulanya is playing in Parliament. Will the down trodden Kampala Mayor Erias Lukwago be defended by KAVUMA & kATUREBE CO. ADVOCATES!!!!!!

INFORMATION IS POWER.

 

Posted by Uganda - A Change of Guards! a

Viele GruBe

Robukui

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