Court halts Lord Mayor by-elections
Mar 29, 2014
Justice Mugambe blocks planned Kampala Lord Mayor by-elections pending disposal of a case challenging a KCCA tribunal report.
By Vision Reporter
KAMPALA - Justice Lydia Mugambe on Friday blocked the planned Kampala Lord Mayor by-elections pending disposal of a case challenging a KCCA tribunal report.
The High Court Judge said KCCA Executive Director Jennifer Musisi erred by notifying the Electoral Commission of vacant Lord mayor seat, yet a court order was in place.
The judge also faulted Minister for the presidency and KCCA minister Frank Tumwebaze, saying he should have stopped his KCCA meeting to verify authenticity of contentious court order.
She declined to grant the Attorney General leave to appeal her decision blocking the by-election. She said that Lukwago will be prejudiced if she granted the request .
A request to appeal had been presented by state attorney George Kalemera, EC lawyer Eric Sabiiti and KCCA lawyer Dickinson Akena.
Erias Lukwago's lawyers Abdul Katuntu and Medard Ssegona argued that the Attorney General AG and his agents do not deserve favor of appeal, in light of contempt of court order.
Sabiiti, who represented the Electoral Commission and Eng Badru Kiggundu, earlier also requested that the EC boss be exonerated citing that the constitution provides for his immunity since he is a member and an employee of the Electoral Commission.
However, Lukwago’s lawyer, Katuntu, rubbished Sabiti’s submission saying that a member or an employee of a commission, according to law, performing its function under its directive shall not be liable only if the act is in good faith.
Erias Lukwago will be back in court next week, March 31.
Judge Nyanzi will rule on whether he should halt the case challenging the tribunal report. This to enable the AG pursue an appeal at court of appeal.
The appeal is on the judge's decision to decline to disqualify himself from case after allegations of bias were raised by AG.