Kampala, Uganda: The Uganda Law Society (ULS) has filed a landmark constitutional petition challenging the existing legal and regulatory framework governing the Judicial Service Commission (JSC), in what it describes as an urgent intervention to defend judicial independence and constitutional order.
The 60-page petition, filed before the Constitutional Court under Constitutional Petition No. 12 of 2025, targets flaws in the Judicial Service Act (Chapter 87, Revised Laws of Uganda, 2023) and the Judicial Service Regulations, 2025 (Statutory Instrument No. 4 of 2025), with the ULS arguing that both instruments do not meet internationally accepted standards for recruiting, disciplining, and sustaining a people-centred judiciary.
According to ULS Vice President Anthony Asiimwe, the petition exposes what the legal fraternity considers “glaring gaps” in Uganda’s justice administration. He noted that the JSC can only exercise its constitutional mandate if fully constituted in line with Article 146, which requires nine members and a Secretary to ensure broad stakeholder representation.
“The functions of the JSC under Chapter Eight of the Constitution can only be exercised when the Commission is fully and properly constituted. However, the current composition falls short of this standard,” Asiimwe stated.
The Radical New Bar VP added that the Attorney General, as the government’s principal legal advisor and an ex-officio member of the Commission, failed to ensure the Commission’s lawful composition before appointments and regulatory decisions were made.
Central to the focus of the petition is Parliament’s enactment of Section 13(7) of the Judicial Service Act, which allows the JSC to conduct its business despite vacancies in its membership, yet the Law Society argues that it is an unconstitutional delegation of power, and contradicts the Constitution’s provisions on checks and balances.
“Section 13(7), in so far as it empowers the JSC to continue operations despite the President’s failure to appoint nominees from the Judiciary or the Uganda Law Society, is inconsistent with and contravenes Articles 8A, 79(3), 127, 142, 144(4), 145, 146, 147, 148, 148A, 150(2), and 151 of the Constitution,” the petition reads in part.
ULS further contends that the legitimacy of past appointments made by a partially constituted Commission is deeply questionable. According to Asiimwe, such appointments undermine the collective decision-making and inclusivity envisioned by the framers of the Constitution.
The petition specifically cites appointments to the 6th Commission, including those of Ms. Ruth Sebatindira and Ms. Norah Matovu Winyi, which it says the President made unilaterally without mandatory consultation with the Law Society, thereby violating Article 146(2)(c).
The most controversial matter raised in the petition involves the appointment of Justice Douglas Karekona Singiza as Chairperson of the 7th Judicial Service Commission, to which ULS asserts that Justice Singiza assumed this role despite multiple unresolved complaints stemming from his tenure as an acting judge.
“This creates a glaring conflict of interest and raises questions about compliance with constitutional requirements of integrity, moral character, and independence,” ULS stated in the petition, arguing that Justice Singiza’s failure to resign from the Judiciary before taking up the JSC chairpersonship violates the separation of powers and contravenes several constitutional provisions, including Articles 2, 28(1), 79(3), 128, 147(2), 149, and 150(1).
Another significant issue concerns the April 2025 appointment of Justice Jane Okuo Kajuga as Acting Principal Judge by the Chief Justice, a process the Law Society claims was unclear and potentially unconstitutional, along with its legality.
Beyond the flawed appointments, the petition challenges the new regulations that, among other issues, classify bribery by judicial officers as a minor offense not warranting dismissal. This stance, ULS warns, is inconsistent with recent reports by the Inspectorate of Government documenting how corruption within the Judiciary costs taxpayers hundreds of billions of shillings annually.
The Society is now seeking declarations from the Constitutional Court, including that the current composition and conduct of the JSC are unlawful, and that any appointments or disciplinary measures taken under this framework are invalid. ULS also calls for urgent reforms to safeguard the Judiciary’s independence and credibility.
“This is not about personalities,” Asiimwe stressed. “The Radical New Bar President, Isaac Ssemakadde, SC, promised to bang the table and fix the Judiciary. This petition is the first vital step in bringing the nation back on track and restoring faith in the justice system.”
By press time, the Judiciary and the Attorney General’s office had not issued any formal response to the petition.
If you would like your article/opinion to be published on Uganda’s most authoritative news platform, send your submission on: [email protected]. You can also follow DailyExpress on WhatsApp and on Twitter (X) for realtime updates.
