MP Bihande moves to block expulsion from parliament

By Betty Amamukirori

Bukonzo East MP, Bihande Bwambale Yokasi has run to the Court of Appeal seeking for an interim order stopping the execution of the court orders that require that he be thrown out of parliament.

In the application filed in the Court of Appeal, the MP said that he is dissatisfied with the ruling of the five justices of the constitutional court and wants the execution of the order stayed to allow him properly file an appeal.

He said that if the orders are not granted immediately, he will suffer irreparable damage and loss, and that his “constituents shall not have a representative in Parliament for a considerable period of time, which shall occasion irreparable harm,” in case the court order is executed.

Bihande was prompted to seek help from court after Fred Police Businge who won the case against him wrote a letter to both the Speaker of Parliament Rebecca Kadaga and the court of appeal registrar, asking them to immediately execute the orders.

According to court documents seen by the New Vision, Businge, through his lawyers from Ngaruye Ruhindi Spencer and Co Advocates, wrote to Kadaga asking her to throw the MP out of parliament and order him to refund all the salary he has been earning since 2012.

He also asked the speaker not to allow the troubled legislator take part in the ongoing elections, failure of which he will take legal action against her for contempt of court orders. His letter is dated October 2, 2015.

In response, the speaker told him that parliament has not yet received the court orders to that effect and therefore, could not positively respond to his request.

Not being satisfied with the response, Businge in October 6, 2015, wrote to the registrar of court of appeal asking that court writes to Kadaga, directing that the court order and judgment be executed.

In his application filed in October 7, Bihande wants court to stay the execution of these orders.
 
“This application seeks an interim order of stay of execution of the orders and judgment of the five justices, be granted to the applicant until final determination of the substantive application for stay of execution,” reads part of the application that was filed in the form of a notice of motion.

In September 28, this year a Coram of five constitutional court justices led by the Deputy Chief Justice Steven Kavuma, ordered him to vacate his parliamentary seat.

He was also asked  to  refund all the salary and allowances he has been getting since he was convicted by the Anti-Corruption Court two years ago over false accountability regarding the funds he received from Parliament to develop his constituency.

The other justices on the panel were Eldad Mwangusya, Richard Buteera, Prof. Lillian Tibatemwa and Fredrick Egonda Ntende.

In April 2012, the then Anti-Corruption Court judge Catherine Bamugemereire convicted him, on his own plea of guilty for stealing sh20m and forging accountability for the constituency development funds (CDF).

She sentenced him to a fine of sh1m or a two years jail term. He paid the fine and survived imprisonment.

Meanwhile, his application has been referred to Justice Remy Kasule for fixing of a hearing date.

Also related to this story

Court ejects Kasese MP Bihande Bwambale

IGG wants MP Bihande kicked out