Judicial Service Act

Interpretation

In this Act, unless the context otherwise requires

"Chairperson" means the Chairperson of the Commission;

"Commission" means the Judicial Service Commission established by Article 146 of the Constitution;

"Commissioner" means a member of the Commission;

"currency point" has the value assigned to it in Schedule 1 to this Act;

"judicial officer" has the meaning assigned to it in Article 151 of the Constitution;

"Minister" means the Minister responsible for justice;

"Public Service Commission" means the Public Service Commission established by Article 165 of the Constitution;

"Secretary" means the Secretary to the Commission appointed under Article 146(8) of the Constitution.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Interpretation”.

“In this Act, unless the context otherwise requires "Chairperson" means the Chairperson of the Commission;”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Interpretation”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

"Commission" means the Judicial Service Commission established by Article 146 of the Constitution;
"Commissioner" means a member of the Commission;
"currency point" has the value assigned to it in Schedule 1 to this Act;
"judicial officer" has the meaning assigned to it in Article 151 of the Constitution;
"Minister" means the Minister responsible for justice;
"Public Service Commission" means the Public Service Commission established by Article 165 of the Constitution;
"Secretary" means the Secretary to the Commission appointed under Article 146(8) of the Constitution.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Appointment of members of Commission

(1)

The Chairperson and other members of the Judicial Service Commission shall be appointed by the President with the approval of Parliament.

(2)

The Attorney General shall be an ex officio member of the Commission.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Appointment of members of Commission”.

“(1) The Chairperson and other members of the Judicial Service Commission shall be appointed by the President with the approval of Parliament.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Chairperson and other members of the Judicial Service Commission shall be appointed by the President with the approval of Parliament.
(2) The Attorney General shall be an ex officio member of the Commission.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Members of Commission to relinquish particular offices

(1)

A person holding any of the following offices shall relinquish that office on appointment as a member of the Commission-

(a)

a member of Parliament;

(b)

a member of a local government council; or

(c)

a member of the executive of a political party or political organisation.

(2)

Subject to subsection (1), after the appointment of a person as commissioner, the offices specified in that subsection shall, for the purposes of Article 146(7)(b) of the Constitution, be taken to be offices likely to compromise the independence of the Commission.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Members of Commission to relinquish particular offices”.

“(1) A person holding any of the following offices shall relinquish that office on appointment as a member of the Commission-”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) A person holding any of the following offices shall relinquish that office on appointment as a member of the Commission-
(a) a member of Parliament;
(b) a member of a local government council; or
(c) a member of the executive of a political party or political organisation.
(2) Subject to subsection (1), after the appointment of a person as commissioner, the offices specified in that subsection shall, for the purposes of Article 146(7)(b) of the Constitution, be taken to be offices likely to compromise the independence of the Commission.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Oaths of members of Commission

Every member of the Commission shall, before assuming the functions of member of the Commission, take and subscribe (a) the official oath required under Schedule 1 of the Oaths Act; and

(b)

the oath specified in Part I of Schedule 2 to this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Oaths of members of Commission”.

“Every member of the Commission shall, before assuming the functions of member of the Commission, take and subscribe (a) the official oath required under Schedule 1 of the Oaths Act; and”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

(b) the oath specified in Part I of Schedule 2 to this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Oaths Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Seal of Commission

The Commission shall have a seal which shall be in such form as the Commission may determine and, subject to the provisions of any law, be applied in such circumstances as the Commission may determine

Section analysis 1 source-matched judicial passage Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Seal of Commission”.

“The Commission shall have a seal which shall be in such form as the Commission may determine and, subject to the provisions of any law, be applied in such circumstances as the Commission may determine”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Commission shall have a seal which shall be in such form as the Commission may determine and, subject to the provisions of any law, be applied in such circumstances as the Commission may determine

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Appellate court — binding on lower courts ✓ Source matched

He argued that following that constitutional mandate and Section 5 of the Judicial Service Act, the JSC Regulations, 2OO5, were promulgated.

Agaba v Attorney General (Constitutional Petition No. 42 of 2016) [2022] UGCC 12 (8 December 2022)

[2022] UGCC 12 · Constitutional Court · 2022-12-08

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Functions of Commission

Subject to the provisions of the Constitution, the Commission shall have the functions specified in Articles 147 and 148 of the Constitution

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Functions of Commission”.

“Subject to the provisions of the Constitution, the Commission shall have the functions specified in Articles 147 and 148 of the Constitution”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Subject to the provisions of the Constitution, the Commission shall have the functions specified in Articles 147 and 148 of the Constitution

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Functions of Chairperson of Commission

The Chairperson shall be the head of the Commission and shall be responsible for the administration of the Commission and shall monitor and supervise the work of the Secretary

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Functions of Chairperson of Commission”.

“The Chairperson shall be the head of the Commission and shall be responsible for the administration of the Commission and shall monitor and supervise the work of the Secretary”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Chairperson shall be the head of the Commission and shall be responsible for the administration of the Commission and shall monitor and supervise the work of the Secretary

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Secretary to Commission

(1)

There shall be a Secretary to the Commission who shall be appointed by the President on the advice of the Public Service Commission.

(2)

The Secretary shall be a person qualified to be appointed a Permanent Secretary.

(3)

The Secretary shall be appointed on such terms and conditions as are applicable to a Permanent Secretary.

(4)

Subject to the powers of the Chairperson under section 7 and to the general control of the Commission, the Secretary shall be responsible for-

(a)

carrying out the policy decisions of the Commission, the day-to-day administration and management of the affairs of the Commission and the control of the other staff of the Commission;

(b)

arranging the business for and the recording and keeping of the minutes of all decisions and proceedings of the Commission at its meetings; and

(c)

performing any other function assigned to him or her by the Commission.

(5)

The Secretary is, unless in any particular case the Commission otherwise directs in writing, entitled to attend all meetings of the Commission but shall have no vote on any matter falling to be decided by the Commission at any such meeting.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Secretary to Commission”.

“(1) There shall be a Secretary to the Commission who shall be appointed by the President on the advice of the Public Service Commission.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(1) There shall be a Secretary to the Commission who shall be appointed by the President on the advice of the Public Service Commission.
(2) The Secretary shall be a person qualified to be appointed a Permanent Secretary.
(3) The Secretary shall be appointed on such terms and conditions as are applicable to a Permanent Secretary.
(4) Subject to the powers of the Chairperson under section 7 and to the general control of the Commission, the Secretary shall be responsible for-
(a) carrying out the policy decisions of the Commission, the day-to-day administration and management of the affairs of the Commission and the control of the other staff of the Commission;
(b) arranging the business for and the recording and keeping of the minutes of all decisions and proceedings of the Commission at its meetings; and
(c) performing any other function assigned to him or her by the Commission.
(5) The Secretary is, unless in any particular case the Commission otherwise directs in writing, entitled to attend all meetings of the Commission but shall have no vote on any matter falling to be decided by the Commission at any such meeting.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

Section 7 · Functions of Chairperson of Commission

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Other staff of Commission

(1)

The Commission shall have such other officers and employees as may be necessary for the discharge of its functions.

(2)

The officers and employees referred to in subsection (1) shall be public officers.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Other staff of Commission”.

“(1) The Commission shall have such other officers and employees as may be necessary for the discharge of its functions.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Commission shall have such other officers and employees as may be necessary for the discharge of its functions.
(2) The officers and employees referred to in subsection (1) shall be public officers.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Oath of Secretary and other staff

(1)

The Secretary shall, before assuming the performance of his or her functions under this Act, take and subscribe the oath specified in Part II of Schedule 2 to this Act.

(2)

Any other officer of the Commission may be directed by the Commission to take and subscribe the oath specified in Part II of Schedule 2 to this Act.

Section analysis 1 source-matched judicial passage Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Oath of Secretary and other staff”.

“(1) The Secretary shall, before assuming the performance of his or her functions under this Act, take and subscribe the oath specified in Part II of Schedule 2 to this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Secretary shall, before assuming the performance of his or her functions under this Act, take and subscribe the oath specified in Part II of Schedule 2 to this Act.
(2) Any other officer of the Commission may be directed by the Commission to take and subscribe the oath specified in Part II of Schedule 2 to this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Appellate court — binding on lower courts ✓ Source matched

Counsel also cited Section 10 of the Judicial Service Act, 1997 , that provides for 10 meetings and decisions of the Commission.

Agaba v Attorney General (Constitutional Petition No. 42 of 2016) [2022] UGCC 12 (8 December 2022)

[2022] UGCC 12 · Constitutional Court · 2022-12-08

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Immunity of members and staff of Commission

(1)

A member of the Commission shall have similar protection and privilege in the case of any action or suit brought against him or her for any act or omission done in the execution of his or her duties as is given by law to the acts or words spoken by a judge of the High Court in the exercise of his or her judicial functions.

(2)

An employee or other person performing any function of the Commission under the authority of the Commission shall not be personally liable to any civil proceedings for any act or omission done in good faith in the performance of those functions.

Section analysis 3 source-matched judicial passages Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Immunity of members and staff of Commission”.

“(1) A member of the Commission shall have similar protection and privilege in the case of any action or suit brought against him or her for any act or omission done in the execution of his or her duties as is given by law to the acts or words spoken by a judge of the High Court in the exercise of his or her judicial functions.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) A member of the Commission shall have similar protection and privilege in the case of any action or suit brought against him or her for any act or omission done in the execution of his or her duties as is given by law to the acts or words spoken by a judge of the High Court in the exercise of his or her judicial functions.
(2) An employee or other person performing any function of the Commission under the authority of the Commission shall not be personally liable to any civil proceedings for any act or omission done in good faith in the performance of those functions.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

4

Appellate court — binding on lower courts ✓ Source matched

Counsel contended that Section 11 of the Judicial Service Act which provides 25 that in the removal of a juclicial officer, that officer must be informed of the particulars of the case against him and must be given a right to defend himself. Counsel posed a question as to whether Article 148 of the Constitution gave the JSC powers to do what it pleased when there were laws governing its operations. He argued that the charge of failure to write a judgment within 60 days was

Agaba v Attorney General (Constitutional Petition No. 42 of 2016) [2022] UGCC 12 (8 December 2022)

[2022] UGCC 12 · Constitutional Court · 2022-12-08

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched

Section 11 of the Judicial Service Act Cap 14 provides as follows; "Rules of natural justice. In dealing with matters of discipline, and removal of a judicial officer, the commission shall observe the rules of natural justice; and, in particular, the commission shall ensure that an officer against whom disciplinary or removal proceedings are being taken is - (a) informed about the particulars of the case against him or her; (b) given the right to defend himself or herself and present his or her case at the meeting of the commiss

Nakibinge v Attorney General (Misc Cause 106 of 2023) [2023] UGHCCD 347 (27 October 2023)

[2023] UGHCCD 347 · High Court · 2023-10-27

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

High Court — persuasive authority ✓ Source matched

Section 11 of the Judicial Service Act Cap 14 provides as follows; "Rules of natural justice. In dealing with matters of discipline, and removal of a judicial officer, the commission shall observe the rules of natural justice; and, in particular, the commission shall ensure that an officer against whom disciplinary or removal proceedings are being taken is - (a) informed about the particulars of the case against him or her; (b) given the right to defend himself or herself and present his or her case at the meeting of the commiss

Nakibinge v Attorney General (Miscellaneous Cause 106 of 2023) [2023] UGHCCD 329 (27 October 2023)

[2023] UGHCCD 329 · High Court · 2023-10-27

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Funds and expenses of Commission

(1)

The emoluments of members of the Commission and the other administrative expenses of the Commission shall be charged on the Consolidated Fund.

(2)

Parliament shall ensure that adequate resources and facilities are provided to the Commission to enable it to perform its functions effectively.

(3)

The Commission shall be a self-accounting institution and shall deal directly with the Ministry responsible for finance on matters relating to its finances.

(4)

The funds of the Commission may also, with the approval of the Minister responsible for finance, include grants and donations to enable it to discharge its functions.

(5)

All funds provided to the Commission under this section shall be administered and controlled by the Secretary who shall be the accounting officer in accordance with the Public Finance Management Act.

Section analysis 1 source-matched judicial passage Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Funds and expenses of Commission”.

“(1) The emoluments of members of the Commission and the other administrative expenses of the Commission shall be charged on the Consolidated Fund.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

5

(1) The emoluments of members of the Commission and the other administrative expenses of the Commission shall be charged on the Consolidated Fund.
(2) Parliament shall ensure that adequate resources and facilities are provided to the Commission to enable it to perform its functions effectively.
(3) The Commission shall be a self-accounting institution and shall deal directly with the Ministry responsible for finance on matters relating to its finances.
(4) The funds of the Commission may also, with the approval of the Minister responsible for finance, include grants and donations to enable it to discharge its functions.
(5) All funds provided to the Commission under this section shall be administered and controlled by the Secretary who shall be the accounting officer in accordance with the Public Finance Management Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Appellate court — binding on lower courts ✓ Source matched

Section 12 of the Judicial Service Act provides for the observance of the rules of natural justice.

Agaba v Attorney General (Constitutional Petition No. 42 of 2016) [2022] UGCC 12 (8 December 2022)

[2022] UGCC 12 · Constitutional Court · 2022-12-08

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

Public Finance Management Act

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Meetings and decisions of Commission

(1)

The Chairperson shall preside at all meetings of the Commission, and in his or her absence, the Deputy Chairperson shall preside; and in the absence of both of them, the judge of the Supreme Court referred to in Article 146(2)(d) of the Constitution shall preside.

(2)

The quorum at meetings of the Commission shall be six.

(3)

Every decision of the Commission shall, so far as possible, be by consensus.

(4)

Where there is no consensus, decisions shall be by a majority of all the members.

(5)

In any vote under subsection (4), each member of the Commission shall have one vote, and none shall have a second or casting vote.

(6)

In any matter of discipline or a proposal to remove a judge or other judicial officer, the decision shall be carried by at least six members of the Commission at a meeting at which the Attorney General is present.

(7)

Subject to the provisions of the Constitution, the Commission may act notwithstanding the absence of any member or any vacancy in the office of a member.

(8)

The Commission may regulate its own procedure.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Meetings and decisions of Commission”.

“(1) The Chairperson shall preside at all meetings of the Commission, and in his or her absence, the Deputy Chairperson shall preside; and in the absence of both of them, the judge of the Supreme Court referred to in Article 146(2)(d) of the Constitution shall preside.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

8

(1) The Chairperson shall preside at all meetings of the Commission, and in his or her absence, the Deputy Chairperson shall preside; and in the absence of both of them, the judge of the Supreme Court referred to in Article 146(2)(d) of the Constitution shall preside.
(2) The quorum at meetings of the Commission shall be six.
(3) Every decision of the Commission shall, so far as possible, be by consensus.
(4) Where there is no consensus, decisions shall be by a majority of all the members.
(5) In any vote under subsection (4), each member of the Commission shall have one vote, and none shall have a second or casting vote.
(6) In any matter of discipline or a proposal to remove a judge or other judicial officer, the decision shall be carried by at least six members of the Commission at a meeting at which the Attorney General is present.
(7) Subject to the provisions of the Constitution, the Commission may act notwithstanding the absence of any member or any vacancy in the office of a member.
(8) The Commission may regulate its own procedure.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Decision by circulation of papers

(1)

Except for matters of appointment, discipline, reviewing and making recommendations on the terms and conditions of service of judges and other judicial officers, or a proposal to remove a judge or any other judicial officer, decisions may be made by the Commission without a meeting, by circulation of the relevant papers among the members and the expression of their views in writing.

(2)

Any member is entitled to require that a decision under subsection (1) shall be deferred until the subject matter has been considered at a meeting of the Commission.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Decision by circulation of papers”.

“(1) Except for matters of appointment, discipline, reviewing and making recommendations on the terms and conditions of service of judges and other judicial officers, or a proposal to remove a judge or any other judicial officer, decisions may be made by the Commission without a meeting, by circulation of the relevant papers among the members and the expression of their views in writing.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Except for matters of appointment, discipline, reviewing and making recommendations on the terms and conditions of service of judges and other judicial officers, or a proposal to remove a judge or any other judicial officer, decisions may be made by the Commission without a meeting, by circulation of the relevant papers among the members and the expression of their views in writing.
(2) Any member is entitled to require that a decision under subsection (1) shall be deferred until the subject matter has been considered at a meeting of the Commission.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Application of rules of natural justice

In dealing with matters of discipline, and removal of a judicial officer the Commission shall observe the rules of natural justice; and, in particular, the Commission shall ensure that an officer against whom disciplinary or removal proceedings are being taken is (a) informed about the particulars of the case against him or her;

(b)

given the right to defend himself or herself and present his or her case at the meeting of the Commission or at any inquiry set up by the Commission for the purpose;

(c)

where practicable, given the right to engage an advocate of his or her own choice; and

(d)

told the reasons for the decision of the Commission.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Scope rule

This section defines when and how “Application of rules of natural justice” applies.

“In dealing with matters of discipline, and removal of a judicial officer the Commission shall observe the rules of natural justice; and, in particular, the Commission shall ensure that an officer against whom disciplinary or removal proceedings are being taken is (a) informed about the particulars of the case against him or her;”

Primary legislation Source quotation matched

Practical effect

Confirm that the matter and forum fall within this section before applying the Act's remaining provisions.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

3

(b) given the right to defend himself or herself and present his or her case at the meeting of the Commission or at any inquiry set up by the Commission for the purpose;
(c) where practicable, given the right to engage an advocate of his or her own choice; and
(d) told the reasons for the decision of the Commission.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Bias

(1)

A judicial officer whose conduct is under consideration by the Commission in a disciplinary matter is entitled to object to the participation of a member of the Commission in the proceedings and decisions of the Commission on the ground of bias.

(2)

Where an objection is raised under subsection (1), the Commission shall inquire into and rule on the objection before proceeding further with consideration of the case of the judicial officer who raised the objection.

(3)

If the objection is sustained by the Commission, the member against whom the objection was raised shall not take part in the proceedings relating to the judicial officer.

(4)

The member of the Commission against whom objection is taken under this section is entitled to be heard at any meeting of the Commission where the objection is being considered, personally or by an advocate of his or her own choice, to defend himself or herself against the objection.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Bias”.

“(1) A judicial officer whose conduct is under consideration by the Commission in a disciplinary matter is entitled to object to the participation of a member of the Commission in the proceedings and decisions of the Commission on the ground of bias.”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) A judicial officer whose conduct is under consideration by the Commission in a disciplinary matter is entitled to object to the participation of a member of the Commission in the proceedings and decisions of the Commission on the ground of bias.
(2) Where an objection is raised under subsection (1), the Commission shall inquire into and rule on the objection before proceeding further with consideration of the case of the judicial officer who raised the objection.
(3) If the objection is sustained by the Commission, the member against whom the objection was raised shall not take part in the proceedings relating to the judicial officer.
(4) The member of the Commission against whom objection is taken under this section is entitled to be heard at any meeting of the Commission where the objection is being considered, personally or by an advocate of his or her own choice, to defend himself or herself against the objection.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Privilege of communication

Unless the Chairperson consents in writing to the production or disclosure, no person shall in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between (a) the Commission or any member or officer of the Commission and the President, Vice President, a Minister, the Public Service Commission or any member or officer of it or a public officer;

(b)

any member or officer of the Commission and the Chairperson; or

(c)

any members or officers of the Commission, in the exercise of or in connection with the exercise of the functions of the Commission.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Privilege of communication”.

“Unless the Chairperson consents in writing to the production or disclosure, no person shall in any legal proceedings be permitted or compelled to produce or disclose any communication, written or oral, which has taken place between (a) the Commission or any member or officer of the Commission and the President, Vice President, a Minister, the Public Service Commission or any member or officer of it or a public officer;”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(b) any member or officer of the Commission and the Chairperson; or
(c) any members or officers of the Commission, in the exercise of or in connection with the exercise of the functions of the Commission.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

1

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Failure to appear or produce documents

Any person, other than a person who is notified to appear before the Commission solely in connection with his or her application for appointment to the public service, who without reasonable cause fails to appear before the Commission when notified to do so, or who wilfully fails to produce any documents in his or her possession when requested to do so by the Commission, commits an offence and is liable, on conviction, to a fine not exceeding fifteen currency points or to imprisonment not exceeding six months, or both

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Failure to appear or produce documents”.

“Any person, other than a person who is notified to appear before the Commission solely in connection with his or her application for appointment to the public service, who without reasonable cause fails to appear before the Commission when notified to do so, or who wilfully fails to produce any documents in his or her possession when requested to do so by the Commission, commits an offence and is liable, on conviction, to a fine not exceeding fifteen currency points or to imprisonment not exceeding six months, or…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

0

This section states a single governing proposition and does not enumerate separate elements.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Immunities and privileges of witnesses

A witness before the Commission shall have the same immunities and privileges as if he or she were a witness before the High Court

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Mandatory duty

This section imposes mandatory requirements concerning “Immunities and privileges of witnesses”.

“A witness before the Commission shall have the same immunities and privileges as if he or she were a witness before the High Court”

Primary legislation Source quotation matched

Practical effect

The provision uses mandatory language; the responsible person or institution should be able to demonstrate compliance.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

A witness before the Commission shall have the same immunities and privileges as if he or she were a witness before the High Court

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Enforcement of attendance, etc

(1)

The Commission may require any person to attend and give evidence before it concerning any matter which it may properly consider in the exercise of its functions under the Constitution and this Act, and may require the production of any documents relating to any such matter by any person attending before it.

(2)

The Commission may cause a witness to be examined on oath or affirmation which shall be administered by the Secretary or by any other person authorised by the Commission.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Enforcement of attendance, etc”.

“(1) The Commission may require any person to attend and give evidence before it concerning any matter which it may properly consider in the exercise of its functions under the Constitution and this Act, and may require the production of any documents relating to any such matter by any person attending before it.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) The Commission may require any person to attend and give evidence before it concerning any matter which it may properly consider in the exercise of its functions under the Constitution and this Act, and may require the production of any documents relating to any such matter by any person attending before it.
(2) The Commission may cause a witness to be examined on oath or affirmation which shall be administered by the Secretary or by any other person authorised by the Commission.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Attendance allowance

(1)

A person summoned by and appearing before the Commission as a witness is entitled to be paid by way of reimbursement of his or her expenses such allowances as are payable to a witness appearing before the High Court in criminal proceedings.

(2)

Any other person invited by the Commission to attend any meeting of the Commission to assist the Commission may be paid by the Commission such allowances as the Commission may consider reasonable.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Attendance allowance”.

“(1) A person summoned by and appearing before the Commission as a witness is entitled to be paid by way of reimbursement of his or her expenses such allowances as are payable to a witness appearing before the High Court in criminal proceedings.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) A person summoned by and appearing before the Commission as a witness is entitled to be paid by way of reimbursement of his or her expenses such allowances as are payable to a witness appearing before the High Court in criminal proceedings.
(2) Any other person invited by the Commission to attend any meeting of the Commission to assist the Commission may be paid by the Commission such allowances as the Commission may consider reasonable.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Improper influence and false information

(1)

Any person who, otherwise than in the course of his or her duty, directly or indirectly by himself or herself or by any other person in any manner, influences or attempts to influence any decision of the Commission commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.

(2)

Nothing in this subsection shall be taken to make unlawful the giving of a reference or testimonial to any applicant or candidate for any public office or the supplying of any information or assistance requested by the Commission.

(3)

Any person who, in connection with the exercise by the Commission of its functions, wilfully gives to the Commission any information which he or she knows to be false or does not believe to be true, or which he or she knows to be false by reason of the omission of any material particular, commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.

(4)

For the purpose of this section, "Commission" means the Commission, any member of the Commission, an officer of the Commission or any person or body of persons appointed to assist the Commission in the exercise of its functions.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Definition

This section supplies the definitions or statutory meaning governing “Improper influence and false information”.

“(1) Any person who, otherwise than in the course of his or her duty, directly or indirectly by himself or herself or by any other person in any manner, influences or attempts to influence any decision of the Commission commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.”

Primary legislation Source quotation matched

Practical effect

Use this definition when interpreting other provisions that employ the language addressed by “Improper influence and false information”.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) Any person who, otherwise than in the course of his or her duty, directly or indirectly by himself or herself or by any other person in any manner, influences or attempts to influence any decision of the Commission commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.
(2) Nothing in this subsection shall be taken to make unlawful the giving of a reference or testimonial to any applicant or candidate for any public office or the supplying of any information or assistance requested by the Commission.
(3) Any person who, in connection with the exercise by the Commission of its functions, wilfully gives to the Commission any information which he or she knows to be false or does not believe to be true, or which he or she knows to be false by reason of the omission of any material particular, commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.
(4) For the purpose of this section, "Commission" means the Commission, any member of the Commission, an officer of the Commission or any person or body of persons appointed to assist the Commission in the exercise of its functions.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Improper disclosure

(1)

Any member or officer of the Commission and any other person who, without the written permission of the Chairperson, knowingly publishes or discloses to any person otherwise than in the exercise of his or her official functions, the contents of any document, communication or information which has come to his or her notice in the course of his or her functions in relation to the Commission commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.

(2)

Any person who knows of any information which to his or her knowledge has been disclosed in contravention of subsection (1), and who publishes or communicates it to any other person otherwise than for the purpose of any prosecution under this Act or in the course of his or her official duty, commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Improper disclosure”.

“(1) Any member or officer of the Commission and any other person who, without the written permission of the Chairperson, knowingly publishes or discloses to any person otherwise than in the exercise of his or her official functions, the contents of any document, communication or information which has come to his or her notice in the course of his or her functions in relation to the Commission commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not…”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

(1) Any member or officer of the Commission and any other person who, without the written permission of the Chairperson, knowingly publishes or discloses to any person otherwise than in the exercise of his or her official functions, the contents of any document, communication or information which has come to his or her notice in the course of his or her functions in relation to the Commission commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.
(2) Any person who knows of any information which to his or her knowledge has been disclosed in contravention of subsection (1), and who publishes or communicates it to any other person otherwise than for the purpose of any prosecution under this Act or in the course of his or her official duty, commits an offence and is liable, on conviction, to a fine not exceeding thirty currency points or to imprisonment not exceeding twelve months, or both.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Consent of Director of Public Prosecutions

Prosecution for an offence under this Act shall not be instituted except with the consent of the Director of Public Prosecutions

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Consent of Director of Public Prosecutions”.

“Prosecution for an offence under this Act shall not be instituted except with the consent of the Director of Public Prosecutions”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

Prosecution for an offence under this Act shall not be instituted except with the consent of the Director of Public Prosecutions

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Legal proceedings

(1)

Subject to subsection (2), no proceedings shall be brought in any court on the ground that any provision of this Act has not been complied with.

(2)

Subsection (1) does not apply to-

(a)

criminal proceedings for an offence under this Act;

(b)

proceedings for judicial review by the High Court on the ground of nullity of any proceedings or decision by the Commission or any person or authority under this Act.

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Offence or consequence

This section creates or governs statutory liability concerning “Legal proceedings”.

“(1) Subject to subsection (2), no proceedings shall be brought in any court on the ground that any provision of this Act has not been complied with.”

Primary legislation Source quotation matched

Practical effect

A party alleging or defending liability should test the facts and prescribed consequence against each operative requirement.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

4

(1) Subject to subsection (2), no proceedings shall be brought in any court on the ground that any provision of this Act has not been complied with.
(2) Subsection (1) does not apply to-
(a) criminal proceedings for an offence under this Act;
(b) proceedings for judicial review by the High Court on the ground of nullity of any proceedings or decision by the Commission or any person or authority under this Act.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Prescription of number of registrars under Article 145 of the Constitution

The Chief Justice may, by statutory instrument, in consultation with the Commission, prescribe the number of registrars in the judiciary other than the chief registrar for the purpose of Article 145(1) of the Constitution

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Prescription of number of registrars under Article 145 of the Constitution”.

“The Chief Justice may, by statutory instrument, in consultation with the Commission, prescribe the number of registrars in the judiciary other than the chief registrar for the purpose of Article 145(1) of the Constitution”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Chief Justice may, by statutory instrument, in consultation with the Commission, prescribe the number of registrars in the judiciary other than the chief registrar for the purpose of Article 145(1) of the Constitution

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Commission to designate other judicial officers

The Commission may, by statutory instrument, in consultation with the Public Service Commission, designate the holder of any office, the functions of which are connected with a court as a judicial officer for the purposes of the definition of judicial officer under Article 151(c) of the Constitution

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Commission to designate other judicial officers”.

“The Commission may, by statutory instrument, in consultation with the Public Service Commission, designate the holder of any office, the functions of which are connected with a court as a judicial officer for the purposes of the definition of judicial officer under Article 151(c) of the Constitution”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

1

The Commission may, by statutory instrument, in consultation with the Public Service Commission, designate the holder of any office, the functions of which are connected with a court as a judicial officer for the purposes of the definition of judicial officer under Article 151(c) of the Constitution

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Citing judgments are indexed, but no express interpretive proposition has yet passed the passage-verification threshold. Open Judicial treatment for the citing passages.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Regulations

(1)

The Commission may, by statutory instrument, make regulations in relation to the discharge of its functions under the Constitution and this Act.

(2)

Without prejudice to the general effect of subsection (1), regulations may be made under it-

(a)

regulating the manner in which matters shall be referred to the Commission;

(b)

providing for and regulating the conduct of disciplinary proceedings by the Commission;

(c)

providing for the organisation of the work of the Commission and regulating the manner in which it shall exercise its functions;

(d)

prescribing disciplinary penalties and awards; and

(e)

requiring persons to attend before the Commission to answer questions relating to the exercise by the Commission of its functions.

Section analysis 1 source-matched judicial passage Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Regulations”.

“(1) The Commission may, by statutory instrument, make regulations in relation to the discharge of its functions under the Constitution and this Act.”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

7

(1) The Commission may, by statutory instrument, make regulations in relation to the discharge of its functions under the Constitution and this Act.
(2) Without prejudice to the general effect of subsection (1), regulations may be made under it-
(a) regulating the manner in which matters shall be referred to the Commission;
(b) providing for and regulating the conduct of disciplinary proceedings by the Commission;
(c) providing for the organisation of the work of the Commission and regulating the manner in which it shall exercise its functions;
(d) prescribing disciplinary penalties and awards; and
(e) requiring persons to attend before the Commission to answer questions relating to the exercise by the Commission of its functions.

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

2

Appellate court — binding on lower courts ✓ Source matched

O, Parliament enacted the Judicial Service Act Cap 87 whose long title states that it is an Act that provides for the regulation of and facilitates the discharge by the President and the Judicial Service Commission of their functions under Chapter Eight of the Constitution pursuant to Article 150(2) of the Constitution and for related matters. My reading of Section 28 of the Judicial Service Act, which empowers the Judicia-l Service Commission to make regulations in relation to the discharge of its functions under the Constitution, is that the Judicial Service Commission has latitude to adopt whatever process it deems appropriate within the purview of the pertaining Judicial Service Commission Regulations to arrive at a well-considered positon in…

Baku Raphael Obudra v Attorney General (Constitutional Petition No. 13 of 2020) [2025] UGCC 26 (4 December 2025)

[2025] UGCC 26 · Constitutional Court · 2025-12-04

Court level is shown; confirm that the quoted proposition forms part of the ratio before treating it as binding.

Related provisions

No express internal or cross-Act reference appears in this section.

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Power to amend Schedule 1

The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act Schedule 1 (Sections 1 , 29 )

Currency point A currency point is equivalent to twenty thousand shillings.

Schedule 2 (Sections 4 , 10(3) )

Oaths

Part I - Oath of member of Judicial Service Commission I ________________, being appointed Chairperson/member of the Judicial Service Commission swear in the name of the Almighty God/solemnly affirm that I will well and truly exercise the functions of Chairperson/member of the Judicial Service Commission in accordance with the Constitution and the laws of the Republic of Uganda without fear or favour, affection or ill will. (So help me God).

Part II - Oath of Secretary or officer of Commission I,________________, being appointed Secretary to/officer of the Commission, being called upon to perform the functions of Secretary to/officer of the Commission, swear in the name of the Almighty God/solemnly affirm that I will not directly or indirectly reveal to any unauthorised person or otherwise than in the course of duty, the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. (So help me God).

Section analysis Source-linked statutory analysis Source linked

Approved statute annotation. Statutory quotations are matched to this consolidation and judicial passages are linked to judgments. Check the primary sources alongside this analysis.

What this section does

Statutory power

This section confers or regulates the statutory power described as “Power to amend Schedule 1”.

“The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act Schedule 1 (Sections 1, 29)”

Primary legislation Source quotation matched

Practical effect

The power must be exercised by the authorised decision-maker, within the conditions and purpose stated in the section.

Deterministic editorial synthesis — not a substitute for the statutory text Editorial synthesis approved

Elements or requirements

Operative requirements extracted from the consolidated text.

2

The Minister may, by statutory instrument, with the approval of Cabinet, amend Schedule 1 to this Act Schedule 1 (Sections 1, 29)
Part II - Oath of Secretary or officer of Commission I,________________, being appointed Secretary to/officer of the Commission, being called upon to perform the functions of Secretary to/officer of the Commission, swear in the name of the Almighty God/solemnly affirm that I will not directly or indirectly reveal to any unauthorised person or otherwise than in the course of duty, the contents or any part of the contents of any document, communication or information whatsoever which may come to my knowledge in the course of my duties as such. (So help me God).

Judicial interpretation

Express propositions in source-matched passages from judgments citing this section.

0

No judgment in the current Wakilii corpus expressly cites this section. Bare rule-number references are not assigned where the Order cannot be verified.

Related provisions

Section 1 · Interpretation Section 4 · Oaths of members of Commission Section 10 · Oath of Secretary and other staff

Amendment notes

No section-specific amendment note or instrument-level amendment history appears in this consolidation.

Judicial Service Act

About this Act

Full text of the Act