Wakilii

Baku Obudra v Attorney General (Misc Cause 264 of 2020)

High Court · [2024] UGHCCD 130 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for enforcement of fundamental rights under Article 50(1) of the Constitution
Decision
Application for enforcement of fundamental rights dismissed with no order as to costs.

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

Held that the Judicial Service Commission did not violate the applicant's constitutional rights by de-shortlisting him following adverse reports from the Law Council. The applicant was subsequently shortlisted and interviewed for higher judicial positions after addressing the matter with the Law Council. The Deputy Attorney General's participation in interview proceedings was lawful under the Judicial Service Act. Claims of bias were unsubstantiated and raised only after the applicant's unsuccessful interviews. No evidence established victimisation or discrimination under Article 173(a). Application dismissed.

Outcome

Application for enforcement of fundamental rights dismissed with no order as to costs.

Facts

The applicant, a former Deputy Inspector General of Government, was nominated in 2017 for judicial appointments (High Court Judge and Court of Appeal Justice) but was not shortlisted. In 2019, he applied again and was initially shortlisted for Court of Appeal but then de-shortlisted after the Judicial Service Commission received adverse reports from the Uganda Law Society and Law Council concerning a pending disciplinary matter. The applicant raised concerns with the JSC Chairman and was subsequently shortlisted for interviews for Justice of the Supreme Court and positions on the Leadership Code Tribunal. He appeared for these interviews but was unsuccessful. During the Leadership Code Tribunal interviews, the Deputy Attorney General Mr Mwesigwa Rukutana participated in the proceedings. The applicant had previously sanctioned Rukutana's prosecution while serving as Deputy IGG. The applicant brought this action alleging multiple violations of his constitutional rights including discrimination, denial of fair hearing, denial of right to practice his profession, bias, and victimisation.

Issues

  1. Whether the Judicial Service Commission violated the Applicant's constitutional rights while shortlisting candidates for appointment as Judges of the High Court and Justices of the Court of Appeal/Constitutional Court in 2017 and 2019.
  2. Whether the Judicial Service Commission violated the Applicant's constitutional rights when it de-shortlisted the Applicant for the position of Justice of the Court of Appeal in 2019 on claims of adverse report without giving him a hearing.
  3. Whether the Judicial Service Commission violated the Applicant's constitutional rights when it failed to submit the Applicant's name to the President for consideration for judicial appointments.
  4. Whether the presence of non-member Mr Mwesigwa Rukutana in interview proceedings violated the Applicant's constitutional rights.
  5. Whether Justice Benjamin Kabiito and Justice Faith Mwondha acted with bias when chairing interview panels for the Applicant.
  6. Whether the Applicant was victimised or discriminated against contrary to Article 173(a) of the Constitution for having performed his duties as Deputy Inspector General of Government faithfully.

Orders

  • Application dismissed.
  • No order as to costs.

Rules and key headnotes

Judicial Service Commission — Shortlisting — Pending disciplinary proceedings — Effect on eligibility
A pending disciplinary matter before the Law Council provides justifiable grounds for the Judicial Service Commission to de-shortlist a candidate for judicial appointment, particularly where adverse reports have been received from relevant professional regulatory bodies.
Right to Fair Hearing — Article 44(c) — Shortlisting decisions
Where a candidate is de-shortlisted for judicial appointment based on adverse reports from professional regulatory bodies but is subsequently shortlisted and afforded an opportunity to attend interviews after addressing the underlying matter, no violation of the right to fair hearing occurs.
Bias — Natural justice — Standard of proof
To establish bias in administrative proceedings, a party must provide concrete evidence of actual bias or demonstrate reasonable grounds for believing the decision-maker was likely to have been biased. Allegations of bias raised only after an unsuccessful outcome, based solely on past unrelated interactions with decision-makers, are insufficient to establish bias.
Article 173(a) — Protection from victimisation — Public officers
For a public officer to establish victimisation or discrimination under Article 173(a) of the Constitution, there must be evidence that adverse treatment resulted specifically from having performed official duties faithfully. Mere suspicion of retaliatory motive, without concrete evidence linking official conduct to subsequent adverse treatment, is insufficient.
Judicial Service Commission — Composition — Ex officio membership
Under section 2(2) of the Judicial Service Act, the Attorney General is an ex officio member of the Judicial Service Commission. The Deputy Attorney General, when standing in for the Attorney General, participates lawfully as an ex officio member and is not a non-member whose presence would vitiate proceedings.
Right to practise profession — Article 40(2) — Judicial appointments
Article 40(2) of the Constitution protects the right to practise one's profession and carry on lawful occupation. Failure to shortlist or successfully appoint a candidate to judicial office does not in itself constitute interference with the right to practise one's profession where the candidate remains free to continue in private legal practice.

Legislation cited (16)

Cases cited (5)

  • Gladys Nakibuule Kisekka v Attorney General (Constitutional Application No. 90 of 2013)
  • Caroline Turyatemba v Attorney General & Anor (Constitutional Petition No. 15 of 2006)
  • Dr Arthur Ahimbisibwe v Appointments Board of Makerere University Business School (Misc Cause No. 34 of 2020)
  • Ole Keiwua -v- Chief Justice of Kenya & 6 Others, 2006 KLR, cited in Meera Investments Ltd -v- The Commissioner General, URA CA No.15 of 2007
  • Meera Investments Ltd v Commissioner General URA (Civil Appeal No. 15 of 2007)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Baku Obudra v Attorney General (Misc Cause 264 of 2020) [2024] UGHCCD 130 (24 April 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.