The Supreme Court will on Thursday deliver the ruling on the application for an interim order filed by lawyers of the four legislators that were expelled from parliament.
The Constitutional Court on February 21 ruled that the four Members of Parliament that were expelled from the ruling National Resistance Movement (NRM) party vacate their seats in parliament and that a by-election be organised by the Electoral Commission in their respective constituencies.
Through their lawyers, the members who include Theodore Ssekikubo, Mohammad Nsereko, Wilfred Niwagaba and Bernabas Tinkasimire went to the Supreme Court seeking the stay of execution of the court orders until the court disposes of their substantive appeal challenging the judgment.
One of their lawyers Peter Walubiri said that his clients are exercising their right to appeal as provided for under Article 133 of the Constitution. He said that his clients want the court to restrain the electoral body from holding by-elections to replace them before the court hears their appeal against the judgment of the lower court.
But their counterparts who represent the Attorney General and the NRM party opposed the application saying that execution has already taken place.
Denis Bereije, a Commissioner in the Ministry of Justice and Constitutional Affairs, showed evidence to court that Speaker of Parliament Rebecca Kadaga has already implemented the orders of the Constitutional Court by restraining the applicants from participating in any parliamentary activities. He added that the Clerk to Parliament has also written to the Electoral Commission chairman notifying him of the vacant seats in parliament and the need for a by-election.
Bereije argued that granting that interim order will amount to upsetting the status quo which ought to be observed.