Court name
Supreme Court of Uganda
Case number
Civil Miscellaneous Application 3 of 2021
Judgment date
17 March 2021
Title

In Re application for recusal of Owiny-Dollo CJ by Male H. Mabirizi (Civil Miscellaneous Application 3 of 2021) [2021] UGSC 10 (17 March 2021);

Cite this case
[2021] UGSC 10
Coram
Owiny-Dollo, CJ
Arach Amoko, JSC
Mwondha, JSC
Kisaakye, JSC
Mugamba, JSC
Muhanguzi, JSC
Tuhaise, JSC
Chibita, JSC

THE REPUBLIC OF UGANDA

IN THE SUPREME COURT OF UGANDA AT KAMPALA

MISC. APPLICATION NO.03 OF 2021

(ARISING OUT OF PRESIDENTIAL ELECTION PETITION NO.l OF
2021)

BETWEEN

KYAGULANYI SSENTAMU ROBERT VS YOWERI MUSEVENI
TIBUHABURWA, ELECTORAL COMMISSION AND ATTORNEY
GENERAL

CORAM: OWINY-DOLLO CJ, KISAAKYE, ARACH-AMOKO, OPIO
AWERI, MWONDHA, MUGAMBA, MUHANGUZI, TUHAISE &
CHIBITA, JJSC

IN THE MATER OF RECUSAL PROCEEDINGS

IN RE: APPLICATION FOR RECUSAL OF OWINY-DOLLO CJ

BY

MALE H. MABIRIZI K. KIWANUKA ::::::::::::::::::::::::APPLICANT

RULING OF THE COURT

The applicant, Male H. Mabirizi K. Kiwanuka, filed this exparte application by Notice of Motion seeking the following orders:

  1. Owiny-Dollo, CJ disqualifies/recuses himself from participation in hearing and determination of PRESIDENTIAL ELECTION PETITION NO:1 OF 2021 [KYAGULANYI SSENTAMU ROBERT V YOWERI MUSEVENI TIBUHABURWA, ELECTORAL COMMISSION & ATTORNEY GENERAL]
  2. The Ruling in Misc. Application No:l of 2021 [KYAGULANYI SSENTAMU ROBERT VS YOWERI

MUSEVENI TIBUHABURWA, ELECTORAL COMMISSION & ATTORNEY GENERAL] where Owiny-Dollo, CJ participated be set aside for being null and void.

  1. The proceedings of 09th February 2021 and 11th February, 2021 where Owiny-Dollo, CJ participated be nullified.

The applicant addressed the court as constituted regarding the application for recusal contained in the first order sought. Thereafter Hon. Justice Owiny-Dollo, CJ declined to recuse himself for reasons he later stated in his ruling. In effect Owiny-Dollo, CJ continued legally to sit not only as a member of the coram but as its head. Needless to say, recusal is not a coram decision. It is personal to the Justice whose recusal is sought. While the response on the recusal disposes of the first order sought, we deem it moot to deal with the two subsequent orders sought, given that the coram remains intact and we find no valid grounds to disturb the said impugned rulings.

Consequently, we dismiss this application.

Dated at Kampala this 17th day of March ,2021.

 

Hon.JusticeAlfonse Owiny- Dollo

Chief Justice

 

Hon.Justice Dr. Esther Kisakye

Justice of the Supreme Court

 

Hon.Justice Stella Arach Amoko

Justice of the Supreme Court.

 

Hon. Justice Rubby Opio-Aweri
JUSTICE OF THE SUPREME COURT

HonJustice Faith Mwondha

Justice of the Supreme Court

 

Hon. Justice Paul Mugamba

 JUSTICE OF THE SUPREME COURT

 

Hon. Justice Ezekiel Muhanguzi
JUSTICE OF THE SUPREME COURT

Hon. Justice Percy Night Tuhaise
JUSTICE OF THE SUPREME COURT

 

Hon. Justice Mike Chibita

JUSTICE OF THE SUPREME COURT