By Mildred Nambi
High court in Kampala has dismissed an application by Kampala Lord Mayor Erias Lukwago seeking to disband the tribunal set up to investigate anomalies in his administration on of the Kampala Capital City Authority.
The ruling read out by court registrar Tadeo Asiimwe says the tribunal was properly established and it is dually constituted to carry out the mandate given to it by the Minister for presidency Frank Tumwebaze.
Lukwago was represented by Medard Segona, Caleb Alaka, Chrysostom Katumba and Julius Galisonga while the Minister for Presidency and the tribunal were represented by Robinah Rwakoojo and Wanyama Gudoi.
Lukwago’s application had challenged the establishment of the tribunal arguing that the authority was not fully constituted to carry out the functions given to it by the KCCA Act.
Key among the arguments that had been raised in the proceedings was that the authority, mandated to have 34 councillors currently has only 30 councillors and the four councilors meant to be voted from professional body association have not yet been voted. This, Lukwago’s lawyers said quashes the one third majority required to send a petition to the minister.
Court admitted that indeed the authority has not been fully constituted and that whatever decision made by the tribunal will not take effect unless the four councilors are voted to the council. However the decision, they say, is only retrospective and does not apply to the formation of the tribunal.
On whether the attorney general’s advice against the tribunal for the lack of evidence by the petitioning councilors was to be followed, court held that the advice serves only consultative purposes. Once the minister is content that there is enough evidence he can then proceed to form a tribunal.
The other issue handled by the court regarded the addition of another ground to the petition to remove the Lord Mayor. Court held that no other ground should be added to the petition.
The impact of the judgement is that the ground of not convening council meetings has been struck out of the petition.
The lord Mayor Erias Lukwago termed the judgement as vague and has vowed to appeal it before the Court of Appeal after consultation with his lawyers.