Thursday, 20 June 2013

Law,Lukwago and KCCA


Justice Vincent Zehurikize of the High Court in Kampala is today expected to hear a petition filed by Kampala Lord Mayor Erias Lukwago seeking to block the tribunal instituted to review a petition by city councillors calling for his sacking.

Lukwago filed the petition on Monday through his law firm.

The tribunal is scheduled to start seating tomorrow at Metropole Hotel in the upscale city suburb of Kololo.
 Government chief legal adviser, the Attorney General (AG) and the Tribunal are listed as respondents.

The tribunal chairperson is Anti-Corruption Court judge Catherine Bamugemereire. It includes Alfred Okello-Oryem, an expert in public service and civil litigation, and Ocaya Lakidi, a former secretary to the Judiciary.

On May 17, a group of 17 KCCA councillors petitioned Tumwebaze demanding the removal of Lukwago from office. 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 impeding KCCA revenue collection efforts.

The tribunal was instituted by Kampala Capital City Authority affairs minister Frank Tumwebaze on June 5.
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 during the pre-hearing meeting at Metropole, three more members Robert Kirunda (legal secretary), Daniel Rutiba (lead counsel), and Titus Kamya (deputy lead counsel), were added to the tribunal.
But 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.

"The tribunal went ahead to make and issue rules without mandate to do so, yet the said rules deny the applicant (Lukwago) the right to effective legal representation. The rules issued by the tribunal are not only unfair, unreasonable, and illegal but were neither signed, dated nor gazetted," Lukwago contends.

Lukwago laments that if the tribunal is not restrained, he is likely to suffer irreparable damage.
There is also a similar 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.

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