Lukwago bid to temporarily halt tribunal fails
Jun 21, 2013
A bid by Kampala Lord Mayor Erias Lukwago to temporarily halt the tribunal instituted to review a petition by city councillors calling for his sacking, has failed after the High Court ruled that Lukwago still has opportunity to challenge the tribunal''s findings
By Andante Okanya and Zainab Naigaga
A bid by Kampala Lord Mayor Erias Lukwago to temporarily halt the tribunal instituted to review a petition by city councillors calling for his sacking, has failed after the High Court ruled that Lukwago still has opportunity to challenge the tribunal's findings, which can be quashed if court deems it neccesary.
In the ruling of Justice Vincent Zehurikize, delivered at the court on Friday, he explained that Lukwago had failed to prove that he will suffer irreparable damage.
Lukwago had filed an application for interim injunction seeking to temporarily halt the tribunal from proceeding, pending hearing of the main case, an application for judicial review challenging the tribunal's legality.
"The total effect of all this is that no case has been made out to warrant this court to exercise its discretion by invoking its inherent powers to grant the orders sought," Zehurikize ruled, adding that all efforts must be directed at expeditiously disposing off the main case fixed for hearing on June 2, 2013.
The ruling was delivered in the presence Lukwago's lawyers Julius Galisonga, Samuel Muyizzi, Abdullah Kiwanuka, and Shifra Lukwago.
The Attorney General(AG) was represented by civil litigation commissioner Robina Rwakoojo, and principal state attorney Wanyama Kodoli.
The tribunal was instituted by minister for the presidency, also minister for Kampala Capital City Authority (KCCA) affairs Frank Tumwebaze on June 5, 2013. It is expected to determine whether the contents of the petition hold sufficient grounds for the removal of the Lord Mayor from office.
On June 14,2013 during the pre-hearing meeting at the Metropole Hotel, three more members Robert Kirunda(secretary), Daniel Rutiba(lead counsel), and Titus Kamya(deputy lead counsel), were added to the tribunal.
The tribunal is chaired by Anti-Corruption Court judge Catherine Bamugemereire. Other members are lawyer Alfred Okello-Oryem, and former secretary to the judiciary Ocaya Lakidi.
On May 17, 2013 a group of 17 KCCA councillors petitioned Tumwebaze demanding Lukwago's removal. They accuse him of misconduct, abuse of office and incompetence.
Lukwago is also faulted for intentionally and willfully engaging in acts of public incitement against payment of city dues, and impeded KCCA revenue collection efforts.
However, Lukwago is questioning the tribunal's guidelines and composition, saying the additional members were irregularly put on board, and that it acted in excess of its powers to appoint the trio.
He alleges that the tribunal made rules without mandate to do so, and denied him the right to effective legal representation. He contends that the rules and guidelines were neither signed, dated nor gazetted.
Lukwago faults the AG Peter Nyombi, alleging that he failed in his statutory duty to perform his advisory role when he let the minister in charge of Kampala City Frank Tumwebaze to institute the tribunal without according him a hearing to test the veracity of the councillor's claims.
There is also a pending Constitutional petition at the Constitutional Court filed recently by Lukwago, challenging Tumwebaze's move to institute the tribunal. Hearing is fixed for June 25, 2013.