The Constitutional Court on Wednesday temporarily stopped the Judicial Service Commission (JSC) from investigating Nakawa High Court Deputy Registrar Gladys Nakibuule Kisekka who is facing disciplinary charges and proceedings before the same commission.
The Constitutional Court on Wednesday temporarily stopped the Judicial Service Commission (JSC) from investigating Nakawa High Court Deputy Registrar Gladys Nakibuule Kisekka
who is facing disciplinary charges and proceedings before the same commission.
The orders which were issued by Justices; Remmy Kasule, Ruby Opio Aweri and Faith Mwondha, will stay in place until her main petition before the same court is heard and determined.
Further in their ruling, the justices of Constitutional Court also ordered that the Commission should not exclude Ms Nakibuule from participating in any of its interviews and recruitment processes where she is an eligible candidate just because she has a complaint filed against her.
Ms Nakibuule is facing charges of abusing her judicial authority before the JSC while in the course of executing her judicial work in 2009 at the High Court, Commercial Division.
This was after she allegedly recalled a warrant judgment of attachment of plots in respect to a court case involving Ms Diana Asiimwe Justine Vs Dr Aggrey Kiyingi in which she had given otherwise.
“We order that the disciplinary proceedings by the commission against the applicant arising from the complaint at the Commission of Diana Asiimwe Vs Gladys Nakibuule Kisekka be stayed pending the hearing and final disposal of the applicant’s petition,” ruled the justices.
Adding: “we order that pending the disposal of the applicant’s petition No.55 of 2013, the applicant be not excluded for consideration by the Commission from participating in any recruitment process by the judicial officers where she is an eligible candidate".
The Justices in their ruling also observed that such actions by JSC against Ms Nakibuule would become an obstacle to her advancing her judicial career and yet the complaint against her is just still a mere allegation not yet proved.
But the same court however, declined to grant Ms Nakibuule her other order in which she had asked court to stop the recruitment process of the judicial officers by the JSC in which she is a candidate until her main petition is heard and disposed of.
The justices explained that such orders would affect other innocent judicial officers who want to progress in their judicial career and yet they are not party to the same proceedings.
Ms Nakibuule further in her main complaint also claims that the charges and disciplinary proceedings preferred against her by the JSC are unfounded in law and unconstitutional and wants them quashed.
She explains that if a recall happens, the aggrieved party can seek remedies through known legal recourses in law before competent courts but not by taking away her judicial immunity and holding her personally liable for actions she did as a judicial officer.
Court will at the appropriate time; set a date to hear her main petition before the final judgment can be pronounced.