KAMPALA.
Two Kampala City lawyers have protested the appointment of the Anti-Corruption Judge Jane Okuo Kajuga as Acting Principal Judge.
According to a statement issued by the Judiciary on Thursday ,Justice Kajuga will hold this significant position, the third most important in the Judiciary, until a substantive Principal Judge is appointed by President Museveni, following advice from the Judicial Service Commission.
This assignment follows the elevation of Justice Dr Flavian Zeija to Deputy Chief Justice after the retirement of Justice Richard Buteera earlier this month
“As Acting Principal Judge, Hon Lady Justice Okuo Kajuga will support the Chief Justice in the continued delivery of justice and in ensuring the efficient administration and management of the High Court and subordinate courts across the country, until a permanent Principal Judge is appointed,” the statement reads in part
But two lawyers Hassan Male Mabirizi and Denis Kusasira have raised concerns over the legality of Justice Kajuga’s appointment. In a letter dated April 25 addressed to Chief Justice Alphose Owiny Dollo , described as casual and clumsy the manner in which he named Justice Kajuga as acting principal judge .
“ I felt no regret for petitioning Parliament against your approval . How can a junior judge be assigned to head seniors? ”he asked
He cites Section 2(d) of Judicature Act which states that “ the judges of the High Court shall take precedence immediately after the justices of the Court of Appeal and among themselves ,according to the priority of the dates on which they respectively took and subscribed the judicial oath as judges of the High Court ,”
As of now, the most senior judge , according to Mabirizi is Hon Gidudu Lawrence .
“Naming Kajuga Okuo raises questions about your relationship with this lady judge for whom you skipped seniority requirements,’’ he said
Mabirizi also asked how related Justice Kajuga is to the Chief Justice Owiny Dollo and how the interviews leading to her appointment were conducted.
“Did you consider age?, marital status? What was considered? By this letter, I notify you that the assignment of Judge Okuo Kajuga as acting principal judge is unlawful and should be reversed if the Judiciary is to retain the trust to enable it adjudicate over us ,” he said
On his part , Mr Kusasira said the proper constitutional procedure for assigning the functions of Principal Judge in an acting capacity is set out in Article 141(2), which requires designation by the President after consultation with the Chief Justice—not unilateral assignment by the Chief Justice under Article 133.
Despite the legal questions, the Judiciary says Lady Justice Kajuga is credible and fit for the job.
Who is Justice Okuo Kajuga?
Justice Okuo Kajuga was appointed a High Court Judge in 2019 and deployed to the Anti-Corruption Division, where she serves as the current Deputy Head. She has handled numerous high-profile corruption cases with integrity, diligence, and commitment.
In 2020, she was designated as the Focal Judge for the Plea Bargain programme, a role she has successfully coordinated across the country. The Plea Bargain programme has revolutionized the criminal justice system by facilitating the swift, cost-effective, and participatory resolution of criminal cases.
She is also a key advocate for Alternative Dispute Resolution (ADR) and is a court-accredited mediator attached to the Family Division of the High Court.
Prior to joining the Bench, Justice Kajuga worked with the Office of the Director of Public
Prosecutions (ODPP) for 20 years. She rose through the ranks, eventually becoming Senior Assistant Director of Public Prosecutions in charge of International Cooperation, Extraditions, and Mutual Legal Assistance.
During her tenure at the ODPP, she led numerous high-profile prosecutions and served as the first spokesperson for the Office for over 14 years.