The ruling of High Court Judge Yasin Nyanzi on whether or not to pullout of hearing a case challenging KCCA Tribunal report that led to the impeachment of Kampala Lord Mayor Erias Lukwago is deferred to February 4.
The ruling had been scheduled for today. However this did not happen as Justice Nyanzi was reported to be attending a conference in Zanzibar. The adjournment was made by Deputy Registrar of the Land Division Alex Ajiji.
The judge’s much anticipated pronouncement arises from the January 15 demands made by Attorney General Peter Nyombi, asking him to disqualify himself from hearing the case for fear that he would be biased.
The attorney general cited alleged irregularities in the earlier interim injunction in which the judge okayed Deputy Registrar Fred Waninda to do so on his behalf, an injunction that was intended to preserve the status quo of the Kampala city mayoral seat.
Lukwago in his application for judicial review is among others seeking to quash the Justice Catherine Bamugemereire-Tribunal report that found him guilty of abuse of office, misconduct and incompetence. The report was the basis of his controversial impeachment on November 25.
Lukwago argues that the Bamugemereire-Tribunal that was constituted to investigate him, exhibited bias before the hearing and throughout the entire proceedings and that it should be quashed.
But the attorney general through Kampala minister Frank Tumwebaze has asked the court to dismiss Lukwago’s application, arguing that it has been overtaken by events as he has already been impeached and there is nothing to save.
According to the court, Lukwago is still the Lord Mayor though the Executive arm of government has since come out to reject the same, arguing that the court injunction was served minutes after the impeachment.