Justice Elizabeth Musoke delivers her independent judgment
By Sania Babirye
Justice Elizabeth Musoke is the second justice to deliver her independent judgement in the ongoing consolidated presidential age limit constitutional petition ruling taking place at Mbale high court.
Like justice Barishaki Cheborion, Justice Musoke that it was unconstitutional for the MPs to extend their term in office from five to seven years and that of the local government councils.
Justice Musoke has explained that the move defeats the will of the people to elect their own leaders.
Justice Musoke has also concurred with fellow justice Barishaki that the speaker acted within her mandate to expel the the 25 MPs since they were acting in unacceptable manner.
However Justice Musoke says the armed forces at the invitation of the sergeant of arms was reasonable while evicting the expelled MPs and that the military presence did not cause any panic.
She supports speaker’s decision to expel the 25 Mps and the use of reasonable force by armed forces to evict the said Mps who had engaged them selves in an exceptionally unusual behavior. She adds that the presence of Militarily did not cause any panic to the house since business in the house went back tò normal when the bill was being passed.
She also says that there was no financial implication on the consolidated fund since its budget was neutral .
Justice Musoke however rules that the presence of the military police /UPDF was uncalled for and unjustified and that parliament security should have contained the violence by itself.
On the issue of removal of the age limit, Justice Musoke says that parliament acted in its mandate since such provisions are entrenched.
Justice Musoke has explained that although the removal of the age limit might lead to the incumbent to over stay in power, the citizens have powers to either vote him back or throw him out.
She has also awarded costs to the petitooners because the petition partly succeeded,involved extensive research.
Justice Kenneth Kakuru is currently reading his individual judgement.
The petitioners nerd at least three justiced out of the five to have their petition successful.