By Hillary Nsambu
THE Supreme Court has adjourned until Wednesday the hearing of an application in which the three expelled NRM MPs are challenging the orders by the Constitutional Court for them to step out of Parliament until it finally rules on the petition seeking to throw them out of the house.
The adjournment followed applications by lawyers representing all the involved parties to belatedly file and exchange all their necessary documents concerning the matter before their application was heard.
“Since court has also not had the opportunity to look at the documents that are vital to the application and as the lawyers representing all the concerned parties need to exchange them among themselves, it is decided that the hearing be and it is hereby adjourned to Wednesday September 11, 2013 for hearing the applicants’ application to enable a speedy and proper filing and exchange of the documents,” Justice Bart Katureebe, who chaired the coram said.
The court rejected a request by Counsel Eilson Karuhanga who had sought for a longer period saying that he had only been served with the amended application by the MPs and had not received the other documents by the applicants.
However, lead counsel for the expelled MPs, George Kanyeihamba disqualified himself from arguing the application on the ground that he is a former Justice of the Supreme Court which is hearing the matter.
“My lords, I wish to disqualify myself from appearing in this matter because of my earlier relationship with this court that is hearing this matter,” Justice Kanyeihamba said as he introduced Caleb Alaka as lead lawyer for the applicants.
The expellees seek to cancel orders issued on Friday by the Constitutional Court requiring them to step out of Parliament until October 15, 2013 when it would rule whether they should finally vacate their seats in Parliament.
Kibuku County MP Saleh Kamba, NRM staunch supporter Maryam Agasha and the NRM party petitioned the Constitutional Court seeking orders to throw out for good the expellees on the ground that they automatically lost their seats upon expulsion from the NRM party.
Expellees Theodore Ssekikubo, Barnabas Tinkasimire, Wilfred Niwagaba and Mohammad Nsereko contested the petition saying that they should not vacate their seats because they had not crossed over to any other party. They accuse the party of breaching the Constitution.