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Court to decide Odoki’s fate tomorrow

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Retired Chief Justice Benjamin Odoki will tomorrow know whether he will be in office for two more years as directed by the President. PHOTO BY Kasirye Faiswal 

By ANTHONY WESAKA

Posted  Sunday, July 27   2014 at  13:02

In Summary

Presidential directive. The case arose last year when President Museveni directed that Justice Benjamin Odoki be given a two-year contract despite having clocked the mandatory retirement age of 70.

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Kampala.

The Constitutional Court will tomorrow deliver its judgment on whether President Museveni was right to reappoint retired Chief Justice Benjamin Odoki.
The judgment date was set on Friday with the Constitutional Court sending out notices to the Attorney General and the petitioner’s lawyer G.W. Kanyeihamba and Co Advocates to appear in court on Monday.
If the Eid public holiday falls tomorrow, the judgment will be read out on Tuesday.
“Take notice that the judgment of the above petition has been fixed for delivery on July 28, 2014 at 9:30am in the morning or soon after,” reads the judgment notice.
“If no appearance is made on your behalf, the pleader or someone authorised by law to represent you, the judgment will be delivered in your absence,” the court notice further states.
The case arose last year when President Museveni on July 9, 2013 wrote to chairman of the Judicial Service Commission Justice James Ogoola, directing that Mr Odoki be given a two-year contract in order to “maximise the services of our human resource”. However, the reappointment of the retired Chief Justice was challenged in court by Western Youth MP Gerald Karuhanga on grounds that it was unconstitutional because he had clocked the mandatory constitutional retirement age of 70.
This petition was heard one sided on June 16 as MP Karuhanga and his lawyers walked out of court protesting the composition of the panel which they accused of likely bias.
Mr Karuhanga and his lawyers Prof Kanyeihamba and Mr Emmanuel Orono said they will attend the reading of the judgment.

Acting position
The country has not had a substantive Chief Justice since Justice Odoki’s retirement in March last year and the ensuing contestation against his reappointment. Justice Steven Kavuma of the Court of Appeal has been acting in that position.

awesaka@ug.nationmedia.com