In rejoinder, Mrs Rwakoojo denied that the laws relied on by the respondents are outdated and
emphasized that the Articles of the Constitution referred to by learned counsel for the applicant
supported the respondents’ case. That whereas Article 41 provides for access to information, the
laws provide for the manner in which it should be released. That there is nothing wrong with
that. That under Article 147 (1)(F) of the Constitution the function of the Judicial Service
Commission is given and include other functions prescribed by parliament. Mrs Rwakoojo
further submitted that Article 126 (1) and (2) of the Constitution provide that judicial power has
to be exercised in conformity with the law. That such laws cannot be said to be outdated and
therefore the Constitution directs court to do everything they do in conformity with the law.
In his rejoinder, Mr. Karuhanga for the third respondent wondered why learned counsel for the
applicant brought this application under outdated laws instead of Article 50 or 41 or 247 or 2 of
the Constitution. Further that anything to do with the interpretation of the Constitution has to be
referred to the Constitutional Court. He prayed that the application be struck out with costs.
I have considered this application and the law applicable. I have taken into account the respective
submissions by the panel of some of the eminent legal minds in this land. I will now go ahead
and resolve the objections raised by the respondents starting with locus standi of the second
respondent and that is the Judicial Service Commission. It is common knowledge that the
Judicial Service Commission is not a legal personality capable of suing or being sued in that
capacity. As rightly pointed out by Mrs. Rwakoojo no one other than legislation can confer legal
personality on the Judicial Service Commission. This position was enunciated in the often quoted
Supreme Court case of Gordon 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. where the Supreme
Court held inter alia that it is not the function of courts or anybody to confer corporate status or
legal capacity or similar powers on public institutions or bodies which are not specified in the
parent or enabling laws. Therefore adding the Judicial Service Commission as a party to these
proceedings was done illegally. Article 41 of the Constitution relied upon by the applicants does
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