Lukwago's removal valid, insists AG

Nov 28, 2013

Erias Lukwago’s removal from office of the Lord Mayor of Kampala City is valid, the Attorney General Mr. Peter Nyombi has declared.

By Anne Mugisa

Erias Lukwago’s removal from office  of the Lord Mayor of Kampala City is valid, the  Attorney General Mr. Peter Nyombi has declared.


In a statement issued Thursday evening, Mr Nyombi in response to the High Court ruling on Lukwago’s petition, stated: ”Much as it is the obligation and desire of this office to implement all orders of Court, the fact that the orders have been issued after the authority meeting has taken place and resolution for removal has been passed, this makes the orders unenforceable.

"I am however taking steps to have the order discharged by the courts.”

The Attorney General was responding to the verdict by Justice Yasin Nyanzi in the case where Lukwago sought an injunction restraining the AG and the minister for Kampala Capital City from convening a meeting of  KCCA  to discuss the tribunal report.

The tribunal investigated a petition by a group of councilors who wanted Lukwago out of office accusing his of numerous shortcomings. The tribunal cleared the impeachment processes which took place on Monday.

Excerpts of the AG’s statement below:

“By this time,( of court order) the Minister for Kampala had convened a meeting of the Authority scheduled for the 25th of November at 9.00 a.m. at KCCA Authority chambers.

The Authority councillors in attendance voted on a resolution to remove the Lord Mayor from office. Twenty nine councillors voted in favour of the Lord Mayor’s removal and three against. The Lord Mayor ceased to hold office at 9.30 a.m. when the resolution was passed by the Authority.

On the same day the Assistant Registrar of the High Court issued an interim order that sought to stop the process of impeachment of The Lord Mayor. Unfortunately, by the time the order was issued and communicated, the process of impeachment had been completed.

This position was communicated in my letter to the Court on 26th November and in the State Attorney’s  address to the Learned Judge before the Court  delivered its ruling today. 

The Court however felt it was better to deal with the application and the facts as they stood when the application was filed on 20th November ie. as if the meeting in which the Lord Mayor was impeached had not taken place.

The interim injunction has thus been issued today, the 28th of November seeking to stop the meeting that occurred on 25th November. The interim injunction is therefore impossible to implement as we cannot stop a meeting that has already occurred.

In-fact the seat of the Lord Mayor has already been declared vacant and the Electoral Commission has accordingly been notified in accordance with the law.

None of the reliefs granted to Mr. Erias Lukwago by the High Court requires his reinstatement to the office of Lord Mayor. The resolution passed by the KCCA councillors removing Mr. Lulcwago from the office of The Lord Mayor remains valid.

Much as it is the obligation and desire of this office to implement all orders of Court, the fact that the orders have been issued after the authority meeting has taken place and resolution for removal has been passed, this makes the orders unenforceable. I am however taking steps to have the order discharged by the courts”.

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