The High Court in Kampala has been asked halt the hearing of the case in which Kampala Lord Mayor Erias Lukwago is challenging the KCCA-Tribunal report that led to his controversial impeachment late last year.
The request was made by attorney general Peter Nyombi in his application filed before the court on Friday last week.
In his application, Nyombi states that it would be improper for the High Court to go ahead and hear Lukwago’s case yet he has appealed against a decision by Justice Yasin Nyanzi not to disqualify himself from hearing the same matter.
The attorney general further states that if the court doesn’t halt the hearing of Lukwago’s case, it would negate his intended appeal against Justice Nyanzi’s decision.
“An order does issue to stay proceedings in Misc Cause 362 of 2013 following a ruling made on February, 4, 2014 pending the hearing and final determination of the intended appeal to the Court of Appeal,” Mr Nyombi states in his application.
He adds that there are substantial questions of law and fact that require determination on appeal which were not adequately addressed in the ruling appealed against.
Last week, Justice Nyanzi in his ruling refused to disqualify himself from hearing Lukwago’s case on grounds that the attorney general did not adduce any evidence to back up his wild claims.
Nyombi had asked the judge to disqualify himself from hearing Lukwago’s matter fearing that he would be biased and not get justice at the end of the hearing.
Justice Nyanzi went ahead in his ruling to blast the attorney general that he was groping in legal darkness and that his conduct was embarrassing and not expected of the head of the Bar.
By press time, court had not yet fixed a date to hear Nyombi’s application to determine whether or not to halt Lukwago’s hearing.