The Clerk to Kampala Capital City Authority (KCCA) Benjamin Kamoga has today testified for the second time before the Tribunal hearing a petition by councillors that seeks to oust Kampala Lord Mayor Erias Lukwago.
The councillors’ petition accuses the sitting mayor Lukwago of incompetence, abuse of Office, mismanagement and use of abusive words. The over 17 councillors raised their concerns in a petition directed to Minister in Charge of Presidency and Kampala Capital City Affairs Frank Tumwebaze.
Kamoga told the tribunal that is chaired by Justice Catherine Bamugemereire that there is a competence gap and need for guidance in the plenary proceedings of the KCCA council basing on his technical experience in the Authority since 2004.
He said the previously the council had a speaker and was responsible for controlling the proceeding and offered guidance to the council but currently it is the Lord Mayor to presides over the council proceedings and carries out the Speaker’s functions which he said is difficult for the Lord Mayor to carry out.
He noted that there is a need for the Authority to have a Speaker to guide the council in order to bridge the competence gap.
This was after Justice Bamugemereire questioned how Kamoga viewed the day to day proceedings in the Council as both a technical person and clerk to KCCA who has been in service for a while.
Kamoga told the tribunal that KCCA uses standard rules of Procedure of Local Governments and these were adopted in the first Authority meeting convened on 2nd June 2011.
However he noted that these rules were not to be permanent and were to be used until the committee entrusted to amending procedures had done so and they were amended on 25th August 2011, presented to the Authority and adopted but could not be used by the Authority since minutes of the meeting that amended the rules were not signed.
He blamed the Lord Mayor for not having signed the meeting’s minutes which he said was his responsibility yet the need in this case was especially urgent.
Kamoga further told the tribunal that no standing committees had been constituted since June 24th 2012 when the term of standing committees expired. No meeting was convened to extend the mandate of the standing committees and Kamoga told the tribunal that this was the Lord Mayor’s responsibility.
In line of the business of the Authority, standing committees as provided for in section 16 of Kampala Capital City Act are to oversee the performance of directorates, receive and update quarterly and annual work plans of the directorates, make reports to the Authority on quarterly and annual basis on the performance of the directorates, receive, scrutinize, recommend to the Authority proposals of the Budget of the departments of the authority and others.
Kamoga noted that the business of the Authority depends on the standing committees since they adopt and approve quarterly reports and work plans and without doing so the Authority does not operate properly.
Okello Oryem, a member of the tribunal, questioned how the Authority was operating without work plans and adoption of recommendations in absence of the standing committees but Kamoga noted that the Executive director is in a better position to answer to that. But Okello insisted that the clerk answers since he is in the know.
The tribunal was adjourned to Monday 2pm and KCCA Executive director Jennifer Musisi is expected to appear to answer to questions from the tribunal and she will be appearing before the tribunal as the last technical witness.
Justice Bamugemereire appealed to the lead council and Clerk to KCCA Kamoga to notify any other councillors in a formal notice who wish to make statements to the tribunal in line with the matters it is carrying out saying that if they finish up with the evidences and start setting dates for next steps there will be a close.