With retirement nine months away, Uganda's second most senior judge has asked judicial authorities to reduce his official age, a step that would make him four years younger.
But The Observer has learnt that Justice Steven Kavuma's prayer – still a subject of corridor whispers – is becoming controversial in a country where more seniors appear short of appetite for retirement.
Insider judicial sources claim deputy chief justice Kavuma has sworn an affidavit contesting his birthday and current age of 69 years, which would make him a candidate for retirement in September next year.
If the judiciary accepts Justice Kavuma's affidavit, he will keep his job for another four years. A reliable source close to the Judicial Service Commission, said Justice Kavuma, whose judicial career spans 12 years, had earlier written notifying the chief registrar of the Judiciary that he was about to retire.
Justice Steven Kavuma
Before the change of heart, Justice Kavuma had officially stated that he was born on September 29, 1948. But according to a source conversant with his new affidavit, Kavuma says he is actually about four years younger.
Asked on Monday by telephone whether he had sworn an affidavit changing his birthday, Justice Kavuma, who sounded rather shocked, said, "Yeah…but where did you get this information from?"
Prodded further, he said: "I'm not ready to discuss those matters through the press, as of now."
It's a constitutional requirement for judges of the Supreme court and the Constitutional court, which doubles as the Court of Appeal, to retire at 70 years of age while judges of the High court retire at 65 years. As deputy Chief Justice, Kavuma heads the Court of Appeal/Constitutional court.
On March 5, 2015, Justice Kavuma was appointed as substantive deputy chief justice and Bart Katureebe as chief justice. Until then, he had controversially acted for two years as chief justice and deputy chief justice.
Justice Kavuma was supposed to retire next year alongside Augustine Nshimye, Jotham Tumwesigye, both Supreme court justices, and, Justice Ezekiel Muhanguzi and Justice Elizabeth Nahamya, both judges at the International Crimes Division[ICD] of the High court.
Justice Steven Kavuma checking his phone. Photos: Nicholas Bamulanzeki
Contacted about the matter yesterday, Justice Katureebe denied knowledge of his deputy's affidavit. According to Katureebe, it is the judicial service commission, which keeps particulars of every judge.
"I haven't heard of it," Katureebe said. "I even don't know if he [Justice Kavuma] is supposed to retire because it's the Judicial Service Commission with such data."
The JSC's communication officer, Maria Nabulya, said the commission hadn't received any affidavit from Justice Kavuma.
"The Judicial Service Commission is a recruiting and disciplinary commission. We recruit judicial officers in Uganda and also review their terms and conditions of service," Nabulya said, adding that normally such an affidavit would be handled by the judiciary's Chief Registrar Paul Gadenya.
Gadenya himself told us he still expected Justice Kavuma to retire next year.
"Justice Kavuma wrote to the judiciary earlier this year indicating that he will retire," Gadenya said. "So, we expect him to write to us again before the year ends showing clearly that he is going to retire such that we plan accordingly."
But with murmurs growing louder, critics are accusing the JSC of lacking full transparency. Isaac Kimaze Ssemakadde, a lawyer from the Centre for Legal Aid, wondered why the JSC should be permitted to continue handling "vital public functions" in secrecy.
"The new constitutional order stresses transparency and accountability. Is that how they will promote public confidence in the judiciary?" Ssemakadde asked.
Throughout his career, Justice Kavuma has had a rocky relationship with the political opposition, which has accused him severally of being an NRM cadre, a charge he roundly denies. The opposition has on many occasions sharply criticised Justice Kavuma's judgements.
For instance on April 30, 2016, Kavuma issued an order banning FDC, Uganda's biggest opposition party, from carryingout its "defiance activities," including the weekly prayers at the party headquarters at Najjanankumbi on Entebbe road. Kavuma also ordered that any media, which would cover activities relating to the "defiance" campaign, would be held liable.
With that, on June 16, 2016, former FDC presidential candidate, Colonel Kizza Besigye petitioned the JSC over Kavuma's conduct. According to Besigye, Kavuma is not fit to be an appeals court judge. Besigye complained that instead of doing judicial work, the judge works for President Museveni and the NRM government.
On August 26, Justice Kavuma also issued an order stopping the anticipated criminal trial of police chief Kale Kayihura and half a dozen other senior police officers at Makindye Chief Magistrate's court. In July, a group of private lawyers instituted criminal proceedings against Kayihura and six other senior police officers accusing them of participating or sanctioning the highly-condemned public beating of Besigye's supporters in Kampala in June.
NOT NEW
If Justice Kavuma pulls off this move, he wouldn't be the first judge to change his age, a year before retirement. According to sources, two other retired justices did the same without a challenge.
"It has now become a norm in public service that before somebody retires, all of sudden he/she swears an affidavit changing his/her years," a lawyer, who is familiar with the judiciary, said.
"But it has become too much. It has to be stopped," he added.
Though he is nearing retirement, Kavuma's appointment as deputy chief justice is still under legal challenge in the Supreme court. On March 20, 2015, Gerald Karuhanga, the Ntungamo municipality MP and city advocate Eron Kiiza challenged Kavuma's appointment on grounds that the Judicial Service Commission, which by law picks judicial nominees, did not nominate and recommend Justice Kavuma for appointment by President Museveni as deputy CJ.
Ordinarily, the duo should have filed the case in the Constitutional court but it went to the Supreme court after the Constitutional court registry staff refused to receive their petition.
On March 18, 2015, there was drama at the Constitutional court when a frustrated retired Supreme court judge Prof George Wilson Kanyeihamba publicly wept after the registry staff tossed him and colleagues around as they tried to file the initial petition, hours before parliament approved Justice Kavuma as deputy chief justice and head of the Constitutional court.
Justice Kanyeihamba claimed the court's leadership ordered the registry staff to reject any anti-Kavuma petition until he was vetted and approved by Parliament. The petition is yet to be heard.
Justice Kavuma was appointed Justice of the Court of Appeal/Constitutional court on 29 October 2004. He has since March 2013 served as acting deputy chief justice, following the demise of then acting deputy chief justice, Justice Constance Byamugisha, and subsequently as acting chief justice, following the retirement of former Chief Justice Benjamin Odoki, mid-2013.
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