constitution

Judicial independence infringed when Uganda's Chief Justice has to 'plead' for funds - constitutional court

Uganda’s constitutional court has found that the independence of the country’s judiciary is in jeopardy because of the way the budget of this arm of government is handled. In one of its most significant decisions under the present constitution, the court said the system made the judiciary very much the junior branch in the three arms of government, and often reduced the Chief Justice ‘to pleading for funds from the executive’.

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In this landmark case the Uganda law society made an alarming claim: the country’s executive and legislature had failed to help the judicial arm of government take its rightful place under the constitution. In doing so, they undermined the independence of the judiciary.

Kenya’s constitutional court puts job interviews on hold after ads for 600 new posts

As tensions rise in many African countries over inadequate service delivery and development, Kenya’s Baringo County administration is being asked to explain its advert for 600 new posts. Human rights activist, Isaiah Biwott, has successfully argued that the constitutional court should grant an interim interdict preventing the county from going ahead with interviews for more than 600 new staff.

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Kenya’s constitutional court has granted a temporary conservatory order, preventing a county government from going ahead with a recruitment exercise: an advert in the local media, published during March, mentioned that more than 600 staff were to be hired.

Citing separation of powers, Lesotho court refuses to order that national assembly vote on no confidence debate by secret ballot

Attempts by two MPs to bypass an investigation into possibly holding secret ballots in the Lesotho National Assembly have come unstuck: the High Court has rejected an application by the duo for the court to order that a no confidence ballot against the Prime Minister be held by secret ballot, saying this had to be decided by the assembly itself.

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Two members of Lesotho’s national assembly have brought a constitutional application to the high court, wanting the court to rule that a secret ballot could be used when a resolution of no confidence in the government is debated.

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