nurse geneva; font-size: small; line-height: 150%;”>Lukwago said Tumwebaze has denied him a chance to resume his duties as Mayor yet High Court Justice Lydia Mugambe in her ruling of March 28 confirmed his position.
In her judgement, Justice Mugambe, said that the Electoral Commission was not acting in good faith by planning to hold the by-election for Mayor before the case in the same court lodged by Lukwago challenging the findings of the KCCA tribunal that led to his impeachment is disposed off.
The judge further accused Tumwebaze, Electoral Commission, KCCA and the Attorney General of contempt of court by declaring Lukwago’s seat vacant and organising a by-election to fill the position which she said court in November last year had nullified and stressed that Lukwago was still the Lord Mayor.
The furious judge questioned why the Kampala Minister disregarded the court order presented to him by Makindye Councillor, Allan Ssewanyana, as being unauthentic and further threw the councillor out of the council meeting.
“The minister may not have wanted to be served with the court order but it was tabled before him before the motion to impeach the Lord Mayor was raised by councillor Baker Sserwamba. I find it outrageous for the minister for having regarded the order as invalid even before cross examining it clearly. The minister could have halted the meeting before seeking for the authenticity of the order from the court that had issued it,” Justice Lydia Mugambe pointed out.
The judge further blamed Tumwebaze for convening the council meeting which she said had been stopped by the court order for being unlawful, adding, he could have waited for at least an hour pending the application by the Lord Mayor in the High Court.
However, following this judgement, the Attorney General appealed to the Court of Appeal where Deputy Chief Justice Steven Kavuma halted the execution of Mugambe’s ruling in regard to the reinstallation of Lukwago as Mayor.
Justice Kavuma set aside three orders of the High Court including one that had halted the KCCA council meeting which impeached Lukwago, an order by Justice Nyanzi which had re-echoed that Lukwago is still Mayor and the previous one by Justice Mugambe that restored Lukwago back to his office.
Attorney General, Peter Nyombi, explained then that Kavuma’s orders neither varied, confirmed nor reversed previous directives by Justice Mugambe – but rather halted their execution pending hearing of Lukwago’s main application where the Lord Mayor is challenging the findings of the KCCA tribunal.
However, Lukwago on Wednesday told journalists in Kampala that, “while delivering his ruling on this matter Justice Kavuma never set aside Justice Mugambe’s ruling which meant that it still stands.”
Lukwago further added that Nyombi accepted the ruling by revising his actions and that the Electoral commission also stopped its programme for holding the by-elections which they were preparing in respect of the court ruling.
Lukwago presented a court order from Supreme Court dated June 11 and signed by the Registrar, saying it preserves the statusquo as directed by Justice Mugambe.
However, when scrutinised, the Supreme Court order simply maintains that it will soon reveal the date when it will give its stand on Lukwago’s main petition challenging Justice Kavuma’s ruling.
Tumwebaze told Chimpreports that “Lukwago should stop playing politics and wait for the Supreme Court to give its ruling on the matter.”
Lukwago told journalists that Tumwebaze has up to now refused to respect Mugambe’s ruling by scrapping off all the benefits and allowances for the staff in the Lord Mayor’s office
“Section 77 of the KCCA states that minister for Kampala is in charge of the Lord Mayor’s welfare but my staff and guards have spent long without receiving their allowances from KCCA despite of the fact that other people at KCCA receive their payments in time.”
“For me I am used to the suffering of not getting allowances but I will not accept to see my security officers to suffer yet their colleagues guarding officers at City Hall are well remunerated,” charged Lukwago.
“Are these guards offering security for a criminal or a Boko Haram suspect? Imagine even a mere Kauju has got a well remunerated guard. Then what about the Lord Mayor who is entitled to security by law?” asked Lukwago
Lukwago vowed to secure a warrant of arrest for Tumwebaze in case he gets proof that he has made statements where he does not recognize him as the Kampala city Lord Mayor.