Kasango ruling: Justice Abodo opts out of DDP’s office

“I will continue executing these functions in light of the Constitutional Court decision in Constitutional petition no.16 of 2016 dated March 18, 2021,” Komuhangi wrote.

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Justice Jane Frances Abodo

Hardly a year since her appointment as the director of public prosecutions (DPP), Justice Jane Frances Abodo is opting to resume her duties as a judge of the High Court.

According to a memo to staff issued by Alice Komuhangi Khaukha, Abodo may not return to office following a landmark Constitutional Court ruling last Friday, that declared the appointment of judicial officers to positions where they exercise executive or constitutional powers null and void.

“It should be clear that henceforth, any further appointment of a judge to any other executive or constitutional office prior to his or her resignation would render his or her actions invalid on account that the law is now well settled,” Justice Kenneth Kakuru decreed in the lead judgement to a 2016 petition filed by the late Bob Kasango against the appointment of Justice Mike Chibita as DPP.

Abodo was out of office on official duty at the time the Constitutional Court delivered the judgement and had left Komuhangi as the acting DPP.

“I will continue executing these functions in light of the Constitutional Court decision in Constitutional petition no.16 of 2016 dated March 18, 2021,” Komuhangi wrote.

Abodo was appointed DPP on April 2, 2020, leaving the High Court where she had been serving as a Judge in the court’s criminal division since 2018.

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