By Frank Kamuntu
Kampala: In May of 2013, the then Minister for the Presidency and Kampala Frank K Tumwebaze constituted a tribunal to hear a petition filed by 17 KCCA councillors earlier in the year, challenging the leadership of Kampala Lord Mayor Erias Lukwago on several accounts and accusations.
Click Here To Read Full Judgement Of; Lukwago Erias, Lord Mayor of Kampala Capital City VS Attorney
The tribunal that was headed by Justice Catherine Bamugemereire found Lukwago guilty on several counts including abuse of office, incompetence and attempting to sabotage the activities of the Authority he was the head of, among others thus recommending for an impeachment.
After receiving the bad news, in the same year, 2013, Lukwago ran to Constitutional Court, to seek refuge. In his petition against minister then argued that the minister did not accord him the right to be heard which was in contravention with the Constitution, where it calls for fair hearing.
READ ALSO: Court Orders Govt, KCCA To Pay Lukwago Shs600m In Accumulated Salaries, Damages
“There are supposed to be 35 councillors and because the authority is not fully constituted, that petition cannot stand,” he petitioned partly.
However, five judges of the constitutional court have eight years later (May 4 2021) agreed with the respondents Frank Tumwebaze and the then Government Attorney General that Lukwago was legally impeached by his own councilors.
Justices; Fredrick Egonda-Ntende, Elizabeth Musoke, Cheborion Barishaki, Muzamiru Kibeedi and Irene Mulyagonja agreed that; “Mr Lukwago’s impeachment from the office went through proper legal channels”.
In summary, all the five justices agreed thus; “To avoid bad faith by the minister and unfairly cause the impeachment of the Lord Mayor, Parliament deemed it fit to introduce an independent legal mind, the Attorney General, to advise the minister on any petition brought before him proposing to move a motion to remove the mayor”.
They further noted that that Section 12 (5) requires the minister to consult the Attorney General about the sufficiency of grounds levelled against either the mayor by the councillors before an impeachment motion can be moved hence no grounds Lukwago can accuse the Minister of the action taken then.
Click Here To Read Full Judgement Of; Lukwago Erias, Lord Mayor of Kampala Capital City VS Attorney
As if that was not enough for Lukwago, the justices trashed his prayer that sought legal costs, noting that the petition he had brought to court was in the public interest thus no chance for compensation.
Mulyagonja in a lead judgement ruled, “I, therefore, find that the power conferred upon the minister under Section 79 (3) of the KCC Act is neither unfetted, unlimited, unguided nor subjective as the petitioner (Mr Lukwago) would have this court to believe. In conclusion, this petition fails on all the grounds and it is hereby dismissed. But because it was brought in the public interest, I will make no order for costs.” Read full judgement on the link attached here above.
