In May 2021, Mabirizi filed an application before the Civil Division of High Court in Kampala seeking to block the ongoing recruitment of Judicial Officers on grounds that the process being taken was not transparent and was allegedly characterized by corruption and favoritism.
The High Court in Mukono has
referred to the Civil Division, a case filed by City Lawyer Male Mabirizi
seeking to block the recruitment of judicial officers.
In an order signed by Justice David Batema, the Mukono Resident Judge, Mabirizi's case falls within
the jurisdiction of the High Court Civil Division in Kampala.
"After consulting with the Principal Judge, I hereby transfer the matter
to Civil Division at Kampala for better management," wrote Justice Batema
in an order dated June 22nd 2021 and received by the Civil Division of High
Court on 28th June 2021.
Last month, Mabirizi petitioned the High Court
seeking to halt the recruitment process of judicial officers by the Judicial
Service Commission- JSC.
Mabirizi in documents filed before the Civil Division wants an injunction
restraining the Commission from proceeding with the process undertaken and
decisions it has reached in shortlisting, interviewing, appointing and
recommending to the President for appointment of applicants for Judicial
Officers.
He wants the Commission, a statutory body charged with the recruitment and
regulation of the conduct of judicial officers restrained until the
determination of the main case which is challenging the legality of the process
being followed to conduct the recruitment.
The case was allocated to Justice
Emmanuel Baguma who also referred the matter to Justice Musa Ssekaana. Justice
Ssekaana perused through the file and observed that a similar case was filed
twice by Mabirizi on different occasions and withdrawn twice also on different
occasions in the same month.
The records show that Mabirizi kept withdrawing his cases from the Civil
Division after learning that they had been allocated to Justice Ssekaana
with whom they have been conflicting since 2019 during the failed
application challenging the Electoral Commission Chairperson Justice Simon
Byabakama's failure to relinquish his powers as the Court of Appeal Judge.
Justice Baguma the Deputy Head of Civil Division said that he didn't see
any reason for withdrawing those cases and there were no minutes from Ssekaana
to show why the Mabirizi had withdrawn them.
However, when the matter was sent back
to Ssekaana, he wrote a two paged letter warning Mabirizi and Civil Division
Registry officials never to accept and register a similar case in what he
described as forum shopping.
"The games you are playing in
filing the same matter several times to get a favourable judge will not be
entertained. I have directed the court registry to return your application
filed or left in court and the same shall not be received or entered in the
register of the court”, wrote Ssekaana.
Mabirizi decided to file a
similar case in Mukono arguing that the law governing withdrawals has no limit
on how many times one can file and withdraw.
However, Mabirizi says that Justice
Batema issued the order in the absence of both parties.
