Wakilii

Mabirizi Kiwanuka v Attorney General (MISCELLANEOUS CAUSE NO. 239 OF 2019)

High Court · [2020] UGHCCD 169 · 2020 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for judicial review seeking certiorari to quash the Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019
Decision
Application for judicial review dismissed on all grounds.

Observed later treatment

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Holding

The High Court held that the Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019 were not ultra vires the Chief Justice's administrative powers under Article 133(1)(b) of the Constitution. The Directions were necessary to enhance proper and efficient administration of justice by streamlining recusal procedures. The changes from previous practice—including elimination of the informal chambers stage and limiting immediate appeals—do not render the Directions illegal, unreasonable or irrational. Application dismissed.

Outcome

Application for judicial review dismissed on all grounds.

Facts

The Applicant sought judicial review of the Constitution (Recusal of Judicial Officers) (Practice) Directions, 2019 (Legal Notice No. 7 of 2019), arguing they were ultra vires the Chief Justice's administrative powers and contravened the right to a fair hearing. The Applicant contended the Directions abolished the time-tested recusal procedure which first required informal discussion in chambers, made recusal optional even where impartiality was questioned, and deprived applicants of the immediate right of appeal. The Respondent argued that recusal processes have both administrative and legal aspects within the Chief Justice's constitutional mandate; prior to the Directions, both judicial officers and advocates found it difficult to bring recusal applications, leading to confrontations and social media complaints; and that the Directions enhance rather than derogate the right to a fair hearing. The Chief Justice issued the Directions under Article 133(1)(b) after internal consultations to provide uniformity and consistency on recusal matters.

Issues

  1. Whether the making of the impugned Practice Directions was ultra vires the administrative powers of the Chief Justice under Article 133(1)(b) of the Constitution.
  2. Whether the contents of the Practice Directions are illegal, unreasonable and irrational.
  3. What remedies are available to the parties.

Orders

  • Application dismissed.
  • Each party to bear its own costs.

Rules and key headnotes

Administrative Law — Judicial Review — Scope of Chief Justice's Administrative Powers — Recusal Directions
The Chief Justice's power under Article 133(1)(b) of the Constitution to issue orders and directions necessary for the proper and efficient administration of justice to the courts includes the power to issue practice directions regulating recusal procedures, as such procedures have both administrative and legal aspects.
Judicial Review — Grounds — Illegality, Irrationality and Procedural Impropriety — Practice Directions
Judicial review may be granted on three grounds: illegality, irrationality and procedural impropriety. A change in established procedure does not render practice directions defective for judicial review unless the directions are shown to be illegal, unreasonable or irrational.
Civil Procedure — Recusal — Practice Directions — Modification of Previous Procedure
Practice directions may modify established recusal procedures by eliminating the informal chambers stage and requiring recusal applications to be made by letter copied to all parties or orally in open court, provided such modifications do not violate the right to a fair hearing or deprive parties of substantive rights.
Civil Procedure — Recusal — Right of Appeal — Deferred Appeals
A practice direction providing that where a judicial officer denies a recusal application, the right of appeal shall be exercised after determination of the substantive matter does not fetter the right of appeal or the right to a fair hearing, but serves to avert delays through unnecessary interim appeals.
Administrative Law — Practice Directions — Stakeholder Consultation — Internal Judiciary Directives
There is no requirement for public involvement or consultation with litigants in the making of practice directions that are internal to the working of the judiciary and concern procedural matters within the Chief Justice's administrative mandate.

Legislation cited (19)

Cases cited (3)

  • Rosemary Nalwadda v Uganda Aids Commission (HCMA No. 0045 of 2010)
  • Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374
  • Stream Aviation Ltd v Civil Aviation Authority (Misc. Application No. 377 of 2008)

Full judgment

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

Mabirizi Kiwanuka v Attorney General (MISCELLANEOUS CAUSE NO. 239 OF 2019) [2020] UGHCCD 169 (10 June 2020)
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.