This development follows a court ruling last week directing a justice serving in any office to first resign as a judge. Justice Abodo Steps Aside
Justice Jane Frances Abodo has finally owed up to a recent Constitutional Court ruling and resigned from the position of the Director of Public Prosecutions-DPP.
Assistant DPP Alice Komuhangi Khaukha will now step in her shoes on acting capacity for the meantime.
In a memo to all staff, Assistant DPP Alice Komuhangi Khaukha states that ”I will continue executing these functions in light of the Constitutional Court decision in Constitutional petition no.16 of 2016 dated March 18, 2021.”
This development follows a ruling last week by the court directing a justice serving in any executive or constitutional office to first resign as a judge.
Justice Kenneth Kakuru, on behalf of a panel of other justices including Geoffrey Kiryabwire, Cheborion Barishaki, Stephen Musota, and Muzamiru Mutangula Kibeedi.
The ruling clarified that it is illegal for a judge to be appointed to any executive or constitutional office unless they quit their judicial position.
”The relevant authorities, especially the Judicial Service Commission must ensure that before a judge or justice takes up another appointment, he or she first resigns, They must not be seen to be contravening the very constitution they took an oath to uphold while requiring others to uphold it.” Justice Kakuru ruled.
It followed a 2016 petition filed by now-deceased lawyer Bob Kasango against the DPP and Attorney General to the Constitutional Court arguing that it was unconstitutional for judges to be appointed to other government positions without first resigning as judges.
Kasango further argued that mixing the executive and judiciary undermines the independence of the judiciary and the separation of powers as enshrined in the constitution.
Justice Abodo was appointed by President Museveni in April 2020 as the new DPP after 5 months of the position being vacant.
The previous DPP, Justice Mike Chibita had been appointed to the Supreme Court.
It now remains to be seen if Justice Abodo will now resume her position as DPP or stay as Judge.
