Justice Kawumi’s appointment as deputy CJ is illegal – ULS

Vice President of the Uganda Law Society, Anthony Asiimwe

The Uganda Law Society has raised concerns over the appointment of new senior judicial officers while constitutional cases challenging the legality of the Judicial Service Commission (JSC) remain unresolved before the Constitutional Court.

In a statement issued on Thursday, the Vice President of the Uganda Law Society, Anthony Asiimwe , cautioned that proceeding with appointments before determination of the pending petitions risks undermining judicial legitimacy and public confidence in the Judiciary.

The concerns follow the announcement by President Museveni appointing Moses Kazibwe Kawumi as Deputy Chief Justice and Agnes Alum as Chief Registrar of the Judiciary.

While the society said it does not oppose filling critical judicial vacancies, Asiimwe argued that the appointments were made despite pending Constitutional Petition No. 11 of 2025 and Constitutional Application No. 12 of 2025 filed by the Uganda Law Society.

“These matters directly challenge the legality of the composition and operations of the Judicial Service Commission, the constitutionality of the Judicial Service Act as amended, and the 2025 Judicial Service Regulations,” Asiimwe said.

According to the Uganda Law Society, one of the key issues before court is that the Judicial Service Commission was constituted without duly nominated representatives of the society, contrary to Article 146 of the Constitution.

Asiimwe warned that recommendations made by a commission lacking ULS representation could later be declared invalid.

“Recommendations made by a JSC missing Uganda Law Society representatives risk being declared a nullity,” he said.

The lawyers’ body also warned that continued appointments in the face of unresolved constitutional disputes could create what it called a dangerous precedent.

“Proceeding with senior judicial appointments in the face of these live constitutional challenges creates a dangerous precedent,” Asiimwe said.

“It risks turning the Constitutional Court’s eventual decision into a mere academic exercise and undermines the very foundation of judicial legitimacy and independence that the society seeks to protect,” he added.

The Uganda Law Society called upon the Constitutional Court to urgently hear and determine the pending constitutional matters as well as Civil Appeals 98 and 99 of 2025, which it said were removed from the Court of Appeal cause list in July 2025.

The appeals, according to the society, delayed the election of ULS nominees to the Judicial Service Commission.

Asiimwe said unresolved disputes surrounding the JSC could expose newly appointed judicial officers to legal challenges and erode public trust in the Judiciary.

“Until these matters are resolved, any appointments made risk being tainted by the very defects complained of, thereby eroding public confidence in the Judiciary and exposing the appointees to unnecessary legal challenge,” he said.

The Uganda Law Society said it remains committed to defending judicial independence, constitutionalism and merit-based appointments, and pledged to support efforts aimed at resolving the pending legal disputes in the public interest.

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