September 3, 2013

KCCA Tribunal: Lukwago’s Lawyers Want Case Dismissed

Lawyers representing Kampala Capital City Authority (KCCA) Lord Mayor Erias Lukwago want the Tribunal to trash evidence presented by the petitioners against the Mayor citing a failure to prove the various allegations brought against him.

Lord Mayor Erias Lukwago
Lord Mayor Erias Lukwago

Medard Sseggona, flanked by four other lawyers said the councillors’ petition is based on partial reading and understanding of the Kampala Capital City Authority Act and that most of the evidence being used is for purposes of demonising the Lord Mayor.

He cited to the tribunal an example of the issue of calling for authority meetings on short notice. Sseggona referred the tribunal to a 30th August 2012 letter sent to Lukwago by the city Executive Director Jennifer Musisi inviting him to an Authority meeting 30 minutes to its starting time and later blaming the Lord Mayor for not attending the meeting.

Evidence was also brought in a letter dated 10th September 2012 in which Musisi refused to attend special KCCA meetings called by Lukwago citing short notice of their summoning after a 4-day notice.

The lawyers have now urged the tribunal to also interpret the KCCA Act 2010 and proclaim themselves on who should be the head of the Authority to avoid further clashes.

The team was on Tuesday making the final submissions to the Tribunal headed by Justice Catherine Bamugemereire to hear a petition filed by 17 councillors seeking to impeach the Lord Mayor on grounds of incompetence, abuse of office and misconduct.

Sseggona said the lawyer for the petitioners, Kiryowa Kiwanuka, has been smuggling allegations into the petition to demonise the Lord Mayor in order to bias the Tribunal rather than consider the facts presented by him.

The legal team for the 17 councillors headed by Kiwanuka have sternly argued that the Lord Mayor has failed to fulfill his duties as required by the law and thus warrants an impeachment.

The tribunal closed the submissions ton Tuesday to allow them time to write their report on the findings and also declare whether there are grounds for impeaching the Lord Mayor.  The tribunal has another month to produce a report on their findings to the Minister for Kampala Frank Tumwebaze who will then cause a KCCA meeting to sit to discuss the findings.

The Authority however, may not be able to impeach the Lord Mayor if at all a case is found against him as they are not fully constituted as required by law.

Rubaga North MP Moses Kasibante is also in court challenging the tribunal. Kasibante wants the court to stop the Attorney General and any other of his agents from using the findings of the KCCA Tribunal against Lukwago.

1 thought on “KCCA Tribunal: Lukwago’s Lawyers Want Case Dismissed

  1. Tribunal has finished its work, but the Lord mayor will keep his seat anyway whether or not there are grounds to impeach him – since court has already ruled about that.

    If the tribunal wants to be relevant, it should identify all the loopholes in the law and recommend for their amendment. In that way, it will have added value and spent our money for something. But if they just focus on removing Lukwago from office – it wont happen – they are already defeated on that ground.

    Eagerly waiting for the report.

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