The Constitutional Court has today Monday ruled that Chief Justice
Benjamin Odoki’s reappointment after clocking the mandatory retirement
age of 70 years was unlawful.

This has come after Western Youth Mp Gerald Karuhanga through his
Lawyer Rtd Justice Wilson Kanyehimba filed a case in the
Constitutional Court apposing Odoki`s reappointment by the President,
Karuhanga said that the President did not act on the advice of the
Judicial Service Commission as it is stated in Article 142 (2) of the
Constitution.

In their ruling, Justices Remmy Kasule, Lilian Tibatemwa, Solome Bosa
and Eldard Mwangusya said the Constitutional provisions that provide
for the appointment of the Chief Justice were violated. Only Justice
Aweri Apio dissented.

According to the Ugandan Constitution, a new chief justice must be
appointed by the President acting on the advice of the Judicial
Service Commission and with the approval of parliament. The ruling
implies that Odoki can no longer be considered Chief Justice until he
successfully challenges the Constitutional Court’s ruling in the
Supreme Court.
On 9/08/13, the president wrote to the speaker of Parliament notifying
her of his descion to reappoint Justice Odoki for another two
years.