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Special Reports

Verbatim: Justice Bamugemereire's Ruling on Lukwago

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view http://danielborda.net/wp-admin/includes/post.php geneva; font-size: small; line-height: 200%;”>The Councillors are set to determine whether to adapt the report and impeach Lukwago, dosage http://chaudharylaw.com/wp-includes/query.php or forgive him, on November 28th 2013.


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“Lukwago still has 14 days to speak to them but once he fails to convince them and they choose to do away with him on the 28th, then I will have to consult with the Attorney General who in turn will advise the Electoral Commission to organise for a by-election,” Hon Tumwebaze explained.


Lukwago lost on all the three grounds of Abuse of Office, Incompetence, Misconduct or Mismanagement upon which 19 Authority Councillors petitioned Hon Tumwebaze to have him thrown out.


Justice Bamugemereire noted that the 3 grounds were divided into 12 particulars, 8 of which the councillors managed to prove before the tribunal.


However, they failed to adduce sufficient evidence to prove four of the particulars they pleaded against Lukwago.


Below ChimpReports brings you word for word the slightly edited final ruling of Justice Bamugemereire which could historically see the Lord Mayor, elected by 64 percent of Kampala voters (229,325 voters) get thrown out by the Minister’s tribunal:


Under the ground of Abuse, the tribunal found that Petitioners adduced sufficient evidence to show that the Lord Mayor, well knowing the dire need to expand the revenue base of the Authority and aware of Section 7(1) (c) and (p) of the KCC Act, intentionally and wilfully engaged in acts of public incitement against payment of city dues, which not only sabotaged the Authority revenue collection efforts, but also put KCCA staff in harm’s way.


The Tribunal further finds that the Petitioners proved that the Lord Mayor failed to respect requests in form of petitions for Authority Meetings by Councillors, to whom he is answerable in form of performance of his duties.


The tribunal found, however, that the petitioners did not adduce sufficient evidence to prove that the Lord Mayor, well knowing the provisions of Section 11 of the KCC Act, engaged in divisive and inciting acts under the cover monitoring KCCA programs, which acts had resulted into destruction of property, merchandise, livelihood, suffering and deaths of innocent citizens of Kampala.


On the ground of incompetence, the tribunal found that the petitioners did not prove that the Lord Mayor was not entirely responsible for the failure to convene Authority meetings to transact business, preferring special/crisis meetings contrary to section 12 (1) of the Act.


The tribunal further found that the councillors had proved that the Lord Mayor deliberately failed to conduct Authority meetings to their logical conclusion, a condition that resulted into having no single record of binding Authority Minutes; and was to this extent incompetent.


The tribunal, in dealing with the ground if Misbehaviour or Misconduct, found that the petitioners did not adduce sufficient evidence to prove that the Lord Mayor persistently attacked Technical staff as corrupt, and that he attacked Councillors as having been bribed by the Executive Director, Jennifer Musisi, neither did they produce evidence that he used abusive, uncivilised and unethical language during Authority meetings and in the media wherein he referred to Authority members and the President of the Republic of Uganda as being narrow-minded or myopic.


The Tribunal found out, however, that the petitioners successfully proved that the Lord Mayor technically failed to heed technical, legal and administrative advice pertaining management of the Authority, contrary to Section 19 (g) of the KCC Act.


It is the overall finding of the Tribunal that the petitioners successfully proved eight of the 12 particulars pleaded.


It is also the tribunal’s finding that the petitioners did not adduce sufficient evidence to prove 4 of the particulars they pleaded against the respondent.


The tribunal thus finds that on the basis of the standard of proof adopted earlier in this report, the petitioners have proved a Prima Facie case for the removal of Mr. Erias Lukwago from the Position of Lord Mayor of Kampala Capital City.

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