National
Leave Parliament, court orders 'rebel' MPs
Publish Date: Feb 21, 2014
Leave Parliament, court orders 'rebel' MPs
Leave: Court has told the rebel MPs that their stay is Parliament in unconstitutional
  • mail
  • img
newvision

By Hillary Nsambu

KAMPALA – The Constitutional Court on Friday delivered its long-awaited judgment in a petition in which the NRM party sought orders to throw out of Parliament the four MPs it expelled.

Justice Richard Buteera ruled that the legislators' stay in the House is unconstitutional since they were expelled from the party.

According to the judge, when the MPs were expelled from the NRM, they left the party but remained in parliament as defacto-independents which is an unconstitutional status.

Other judges on the panel are Justices Steven Kavuma, Faith Mwondha, Augustine Nshimye and Remmy Kasule

The four legislators are Theodore Ssekikubo (Lwemiyaga), Mohammad Nsereko (Kampala Central), Wilfred Niwagaba (Ndorwa East) and Barnabas Tinksasimire (Buyaga).

Mid-last year, the NRM Kibuku Constituency MP Sale Kamba and two other staunch party supporters – Maryam Agasha and Joseph Kwesiga – also joined the party seeking to dislodge the four alleged party rebel MPs from Parliament.        

The petitioners had argued that since the rebel MPs had been expelled from their political party, then they had automatically lost their parliamentary seats.

So they had asked court to declare the positions vacant.

But the four legislators, ever defiant, vehemently opposed the petition, arguing that despite being NRM members, they were not representing it in Parliament.

They stood firm on the argument that when they were elected into the House by “even non-members of the party (NRM)”, their constituency widened beyond their original political areas.             

During the proceedings of the petition, the petitioners also sought for orders requiring the ‘rebel’ MPs to step out of Parliament until the petition against them is finally concluded.

Court, on a 4-1 verdict, ruled that indeed they should step aside as the petition proceeded, despite several applications in which the MPs opposed the petition.

Upon the ruling throwing them out of Parliament before the hearing of the petition was concluded, MPs took refuge in the Supreme Court which on a 6-1 majority, overturned the Constitutional Court’s ruling and ordered their stay in Parliament until the petition was finally concluded in court.             

However, the Supreme Court unanimously agreed that the Constitutional Court should be left free to carry on its constitutional duty.

The MPs had accused the Constitutional Court of being biased.

The Supreme Court noted that the MPs were clearly exercising their unrestricted right of appeal and that their intended appeal met the conditions precedent.

 

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
Lawyer Sebalu’s property case for mediation
The fight for fallen city lawyer Paulo Sebalu’s multi-billion estate has taken a new twist with the two warring parties accepting to go for mediation...
Museveni to launch gender equality campaign on Women’s Day
President Yoweri Museveni will this Sunday launch a campaign intended to mobilise men and boys to support gender equality and women and girls'' empowerment...
Kadaga  receives electoral reforms
The Inter-Party Organization for Dialogue (IPOD) and National Consultative Forum (NFC) Monday presented to the Speaker of Parliament Rebecca Kadaga the proposed constitutional and reforms which have been agreed upon by the opposition parties and NRM including the need for an independent electoral c...
Global Ebola conference seeks end to W.Africa outbreak
Leaders of Ebola-hit countries in west Africa will attend an international conference in Brussels Tuesday to mobilise a final push to end the outbreak and ensure the delivery of nearly $5 billion in aid pledges....
Gambian government bans sports betting
The statement says sports betting shops are to stop operations with immediate effect....
Good news in the failed HIV trial
The disappointing results from a trial of a vaginal gel in South Africa will not disappoint researchers, a regional HIV prevention research expert, Dr Patrick Ndase said. Instead, it makes the ongoing trial in Uganda more hopeful for better results...
Is KCCA doing enough to curb poor hygeine?
Yes
No
Can't Say
follow us
subscribe to our news letter