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Justice Kavuma Wins Round One in Fight for His Job

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He said the applicants should have filed their petition before the Supreme Court, which is hearing their main application seeking to dislodge justice Kavuma.
Deputy Chief Justice Steven Kavuma
The Deputy Chief Justice Steven Kavuma has won round one in his fight to defend his job. Justice Kavuma got the victory this morning after Justice Steven Musota dismissed an application in which, Western Youth MP Gerald Karuhanga and city Lawyer Eron Kiiza wanted Court to order the Judicial Service Commission to release all the information used in his nomination.

The duo wanted to use the information from the Judicial Service as evidence to back their petition before the Supreme Court challenging Kavuma\'s appointment as Deputy chief justice. The applicants insist that Kavuma wasn\'t recommended for appointment to his current position by the Judicial Service Commission as required by law.

They argued that Justice Kavuma was hand-picked by President Yoweri Museveni like the case was retired Chief Justice Benjamin Odoki. In his defense, Justice Kavuma through his lawyer MacDusman Kabega asked court to dismiss the application saying that it was brought in bad faith to scandalise him.

In his ruling, Justice Musota concurred with Kavuma\'s lawyer. He said the applicants should have filed their petition before the Supreme Court which is hearing the main application seeking to dislodge justice Kavuma.

“In a nutshell the common feature of an abuse is in the improper use of judicial process by a party in litigation and from the facts from this application, this is a fishing expedition because without a suit before this court for determination, there is no way this kind of application can be competent before this court.” ruled justice Musota. 

Adding that “I find that this application is incompetent and it is accordingly struck out with costs to the respondents”.

Karuhanga and Kiiza petitioned the Supreme Court challenging the nomination of Kavuma as deputy Chief Justice after the constitutional court refused to receive their petition before he was vetted by Parliament.

The applicants who were represented by Professor George Kanyeihamba attempted in vain to file their petition in the constitutional court the very morning Kavuma was set to appear before the appointments committee.

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