since the Judicial Service Commission is not a body corporate on which one can just confer legal
personality. She referred to the case of Sentiba & 2 Others Vs The Inspectorate of
Government, SCCA No. 6 Of 2008 followed in The Inspector General of Government Vs
UVETSO Association Ltd & 3 Others High Court Misc. Application No.536 of 2014.
In reply to the objections Prof. Kanyeihamba learned counsel for the applicants agreed with the
submissions by both learned counsel for the respondents but branded their submissions as totally
outdated and ancient history because the laws they have relied on cannot overtake the
Constitution of Uganda. He relied on the provisions of Article 2 and 274 of the Constitution and
said that any provision of the law which is inconsistent with the Constitution is void to that
extent and that all existing laws have to be construed with such modifications to bring them in
conformity with the Constitution.
Learned counsel also relied on Article 41 of the Constitution to argue that the Judicial Service
Commission is an organ of state so it is bound to provide the information sought since it is not
against state security or interfering with the privacy of any person.
Learned counsel for the applicant also referred to Article 50 of the Constitution on enforcement
of rights and freedoms as another article which supports his application for information which is
in possession of the state. That the Constitution does not say that to get information one must
first have a suit in the court and in any case this application is already before this court.
Professor Kanyeihamba finally submitted that in view of Articles 41 and 50 of the Constitution,
no other law or authority however eminent the judge who pronounced it can override the
provision of the Constitution.
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