Kanyeihamba Adds Twist To NRM Rebel MPs' Case


page geneva; font-size: small;”>MPs Barnabas Tinkasiimire (Buyaga West), drugs Wilfred Niwagaba (Ndorwa East) and Theodore Ssekikuubo (Lwemiyaga County) appeared on Friday before the Constitutional Court.

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They trio was dragged to court by Kibuku MP Saleh Kamba seeking to stop them from entering Parliament until the petition challenging Speaker Rebecca Kadaga’s decision is decided.

Retired Supreme Court judge, Justice George Wilson Kanyeihamba, the lead counsel for the MPs’ legal team told court that the number of judges conducting the proceedings was few.

“Your Lordships, Article 37 (1) of the Constitution (of Uganda) states that any question as to the interpretation of Constitution shall be determined by the Court of Appeal sitting as the Constitutional Court,” said Kanyeihamba.

“Still under the same Article (2), it states that when sitting as a Constitutional Court, the Court of Appeal shall consist of a bench of five members of that court. However, since we started appearing before you, you have always been three.”

He therefore argued that court didn’t have authority to hear the matter which was presented because the rules under which a Constitutional Court operates had not been fulfilled.

In his submissions, Kanyeihamba and Wandera Ogwalo asked court to give the case the weight it deserves.

“The case should be stayed and adjourned until when the court is fully constituted,” the lawyers argued.

NRM rebels discussing with their lawyer Abdu Katuntu at the Court today Friday, July 19

However, Joseph Masiko, one of the lawyers who represented the applicants told court that “this court as of present is fully constituted and has the jurisdiction to hear the present application”.

Caleb Alaka (one of the Lawyers for the applicant) of recent was victor in the case of Hassan Basajjabalaba Vs The Attorney General.

However, Alaka stood up and dismissed this saying it was Basajjabalaba who was the benefactor and not him. “We as lawyers work under instructions,” said Alaka.

The High Court judge and also acting Chief Justice, Steven Kavuma set Thursday, July 25, 2013 for the ruling.

The Attorney General’s legal was led by the Director Civil Litigation Cheborion Barishaki while the other lawyers who represented the applicants were – John Mary Mugisha, Chris John Bakiza, Sam Mayanga and Severino Twinobusingye.

The other judges on the panel were; Steven Augustine Nshimye and Remmy Kasule

The respondents were also represented by lawyers among others – Jude Mbabali, Abdu Kantutu, Fred Galisonga and Nicholas Opiyo.

After dismissing the rebel MPs from the ruling party over indiscipline, NRM went ahead to kick them out of Parliament – a move that was rejected by Speaker Rebecca Kadaga as unconstitutional.


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