By Ruth Anderah
Five Supreme Court Justices have stayed the execution of a Constitutional Court decision that declared it unconstitutional for a serving judicial officer to be appointed to any executive office before resignation.
On March 18th, the Constitutional Court Justices led by Kenneth Kakuru unanimously ordered that a serving judge should resign before taking up any other appointment in executive or constitutional offices.
Their ruling followed a successful petition by late Bob Kasango against the Attorney General in 2016 challenging the decision of then Director of Public Prosecutions Justice Mike Chibita to sanction corruption-related charges against him when he was still a serving judge.
The Judges declared that effective the said Judgement date, any Judicial Officer serving in such offices who continues with duties before the resignation, their decisions shall be invalid.
However, last week all the officers who were affected by the said decision filed an application before the Supreme Court seeking to stay the implementation of the Constitutional Court decision pending the hearing of their appeal challenging the same.
The affected offices include the Electoral Commission currently headed by Justice Simon Byabakama, the Judicial Service Commission led by Justice Benjamin Kabiito, and the DPP led by Judge Jane Frances Abodo.
The Justices led by the Chief Justice Alfonse Owiny-Dollo in their ruling agreed with the applicants and issued an interim order staying the decision of the Constitutional Court and that the order will remain in force until the determination of the substantive application or any other order.
