Africa-Press – Uganda. KAMPALA-
The Director of Public Prosecutions (DPP), Justice Jane Frances Abodo, has temporarily stopped performing her constitutional duties of prosecuting suspected criminals following last week’s land mark Constitutional Court judgment, Daily Monitor has learnt.
Last Friday, a panel of five justices led by Kenneth Kakuru ruled that it is illegal for a judge to be appointed to any Executive or a constitutional office prior to his/her resignation.
The decision mainly affects the current DPP and the chairperson of the Electoral Commission, Justice Simon Byabakama.
To that effect, top management of the office of the DPP, held a crisis meeting on Monday and decided that Ms Alice Komuhangi Khaukha, the acting DPP, carries on with the work of Justice Abodo until the process challenging the Constitutional Court decision is concluded.
“Reference is made to the DPP’s memo dated March 2, 2021 where she delegated me (Ms Khaukha) to execute the functions of her office on her behalf during her absence on official duty,” Ms Khaukha’s internal memo to all DPP staff on Monday evening read in part.
“I will continue executing these functions in light of the Constitutional Court decision in the constitutional petition No. 16 of 2016 dated March 18, 2021,” the memo further read.
The deputy spokesperson of the office of the DPP, Ms Irene Nakimbugwe, explained that earlier this month, the DPP travelled out of the country on official duties and that she delegated Ms Khaukha to care take her office.
She further explained that at the time of her return, the Constitutional Court had handed down its landmark judgment which affected her stay in office, the reason top management asked Ms Khaukha to continue performing the functions of the DPP.
“In the light of the Constitutional Court judgment, the DPP decided not to return until the court appeals are finalised. The top management did not want a vacuum to be created given that the DPP’s office is very important in the fight against crime,” Ms Nakimbugwe said last evening by telephone.
By press time last evening, government had appealed against the said decision before the Supreme Court.
Efforts to reach out to Justice Byabakama on whether he has also left office were futile as he never picked or returned our several phone calls.
The landmark judgment arose from a petition filed by late lawyer Robert Aldridge Kasango, alias Bob, who had challenged his pension scam prosecution by then DPP Mike Chibita.
Kasango had successfully reasoned that the appointment of then High Court judge Chibita to the position of chief government prosecutor had caused a fusion of the Executive and the Judiciary, hence undermining the independence of the latter and separation of powers.
He had also argued that the unconstitutional appointment of Justice Chibita and his subsequent prosecution by him, was unlawful and void.
“Henceforth, the appointment and actions of a judge to any other executive or constitutional office prior to his or her resignation, renders his or her actions invalid,” Justice Kakuru, who wrote the lead judgment, held.
He adding: “Before I take leave of this matter, I would like to observe that judges and justices who are being assigned and or appointed to various executive and constitutional offices, the relevant authorities especially the Judicial Service Commission must ensure that before they take up another appointment, he or she first resigns.”
