Court Asked To Block Odoki Approval

Chief Justice Benjamin Odoki who is Meant to be Retiring this Year

Uganda’s Constitutional Court has been asked to temporarily block Parliament from approving Benjamin Odoki as the country’s Chief Justice until the main petition challenging his controversial re-appointment filed by Western Youth MP Gerald Karuhanga is determined.

President Museveni has asked Parliament to approve Justice Odoki as the Chief Justice for two more years
President Museveni has asked Parliament to approve Justice Odoki as the Chief Justice for two more years

The law maker in his application before the court, argues that if court does not issue an interim injunction, Parliament could go ahead and approve Mr Odoki as CJ and yet his re-appointment is illegal and would also render his main petition useless (nugatory).

Court is yet to fix a hearing date to hear this application for interim injunction.

The MP is challenging the actions of President Museveni in re-appointing Mr Odoki as Chief Justice saying his reappointment contravenes articles 130, 133, 142 (1) (2) (3), 143 (1), 144 (1) (a) (2) of the Constitution.

The law maker also argues that the Constitution does not provide for the re-appointment of a retired Chief Justice to the post of a substantive Chief Justice of Uganda.

He further accuses the President of not following the recommendations of the Judicial Service Commission that forwarded the name of Supreme Court Justice Bart Katureebe as the suitable candidate to replace Odoki but the President instead re-appointed Odoki, a move he says is unconstitutional.

Western Youth MP Gerald Karuhanga is challenging the re appointment.
Western Youth MP Gerald Karuhanga is challenging the re appointment.

Mr Odoki clocked the retirement age of 70 on March 23 this year before serving out the three months extension that ended on June 23. He had served in the judiciary for 35 years with the last 12 as Chief Justice.

However, President Museveni in a July 9 letter addressed to the chairman of the Judicial Service Commission James Ogoola, directed that Mr Odoki be given a two year contract in order to maximise the services of our human resource.

But Justice Odoki’s re-appointment has been met with resistance from different players including; Law Society, MPs, academicians on grounds that his re-appointment is illegal as he has already attained the retirement age.

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5 thoughts on “Court Asked To Block Odoki Approval

  1. Odoki served out his term. He can be reappointed to the supreme court but not as chief justice.

  2. MP Gerald Karuhanga before given a ear by the Courts needs to deposit Cost , like the Case which Tax Payers will suffer , what has he to lose in Person .

  3. these MP´s have good ideas but nothing to back up their arguments, all they state every one can see. Prove beyond reasonable doubt that this is a mistake to the nation then you will have people unit with you IN THE CAUSE .

    1. Proof will be made in court and that is where they have gone. When there is an illegality, the only way to challenge it is to go to court. How else do you want them to prove tina?

      1. We all know the courts of Uganda have no power in keeping the low but lets hope for the best and in most cases Muslim , These MP´s evidence is always weak and with weak grounds

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