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ULS raises constitutional concerns over new CJ appointment

Anthony Asiimwe, the Uganda Law Society Vice President. He said proceeding with senior judicial appointments in the face of these live constitutional challenges creates a dangerous precedent

Kampala, Uganda | URN | The Uganda Law Society (ULS) has raised concerns over the appointment of Justice Moses Kazibwe Kawumi as Deputy Chief Justice and Her Worship Agnes Alum as Chief Registrar of the Judiciary.

A statement issued by Asiimwe Anthony, the Vice President, says the appointments were made while constitutional challenges regarding the legality of the Judicial Service Commission (JSC) remain unresolved.

Asiimwe said that while the Society said it does not oppose the filling of critical judicial vacancies, it warns that the appointments could be legally contested because Constitutional Petition No. 11 of 2025 and Constitutional Application No. 12 of 2025 are still pending before the Constitutional Court.

“These matters directly challenge the legality of the composition and operations of the Judicial Service Commission (JSC), the constitutionality of the Judicial Service Act (as amended) and the 2025 Judicial Service Regulations, and the validity of all recruitment and appointment processes flowing therefrom,” said Asiimwe in a statement in response to the appointments announced on Thursday afternoon.

The ULS argues that the current composition and operations of the Judicial Service Commission violate Article 146 of the Constitution.   It argues that the commission lacks the Society’s duly nominated representatives.

“We call upon the Court to expedite the hearing and determination of the aforementioned constitutional matters, as well as *Civil Appeals 98 and 99 of 2025*, which were arbitrarily removed from the Court of Appeal cause-list in July 2025, delaying the election of ULS nominees to the JSC,” said Asiimwe.

“Until these matters are resolved, any appointments made risk being tainted by the very defects complained of, thereby eroding public confidence in the Judiciary and exposing the appointees to unnecessary legal challenge,” he added.

According to the lawyers’ body, any recommendations made by the Commission without its(ULS) representation risk being declared null and void.

The Society further warned that proceeding with senior judicial appointments before the constitutional questions are determined undermines judicial legitimacy, constitutionalism, and public confidence in the Judiciary.

The ULS also urged the Constitutional Court to urgently hear and determine the pending constitutional matters, together with Civil Appeals 98 and 99 of 2025, which it said were removed from the Court of Appeal cause list in July 2025, delaying the election of ULS nominees to the JSC.

The Society maintained that it remains committed to defending judicial independence, merit-based appointments, and constitutionalism.

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