The Constitutional Court has dismissed a petition by former Inspector General of Government (IGG) Raphael Baku challenging the Judicial Service Commission’s (JSC) decisions not to shortlist him for High Court and Court of Appeal appointments in 2017 and 2020, respectively.
In a unanimous decision authored by Justice Margret Tibulya, the court held that the Judicial Service Commission acted within its constitutional mandate when it dropped Baku from the shortlist based on information from the Law Council, which at the time was investigating a complaint against him.
Although the complaint, undisclosed in court records, was later dismissed, the process concluded after the President had already made judicial appointments for the positions Baku sought.
Baku petitioned the Constitutional Court, arguing that the JSC unlawfully excluded him without allowing him to respond to allegations and questioning the Commission’s power to recommend judicial appointments without first hearing affected candidates. However, Justice Tibulya ruled that the responsibility lay with the applicant to ensure their suitability before seeking judicial office.
“A candidate whose core values or any of them are, to their knowledge, under investigation should not appear before the JSC in the first place. The onus is therefore on the candidate to ensure that their candidature meets judicial standards before they even apply,” Justice Tibulya wrote. She added that Baku’s complaint that the JSC relied on unproven allegations was “disappointing to say the least.”
The court further found no merit in Baku’s claim that he was denied a right to be heard, noting that it was the Law Council, not the JSC, that was responsible for investigating the complaint and safeguarding his procedural rights.
“The adverse report in this case originated from the body legally obligated to establish its veracity. That was the body meant to protect the petitioner’s right to be heard,” the ruling states. The court also dismissed Baku’s contention that he was unfairly denied access to the Law Council’s report.
Joining Justice Tibulya on the panel were Justices Dr Asa Mugenyi, Moses Kazibwe Kawumi, Oscar Kihika, and Eva Luswata.
***URN***