Moses Muhumuza, a Uganda referring to himself as a concerned citizen, has dragged Kampala Capital City Authority (KCCA) alongside the Attorney General to Court challenging the manner in which Parliament approved an allocation of Ugx 400 Billion without the required quorum.
Muhumuza claims that on December 19 2014, Parliament adopted and passed a resolution allowing KCCA borrow from $175 million to finance the second phase of the Kampala Institutional and Infrastructure Development Project (KIIDP2).
Through his lawyers of Murungi, Kairu & Co Advocates, Muhumuza wants court to declare that the passing of the resolution with members in the House less than the number prescribed by law under Rule 23 of the Parliamentary rules of procedure of the 9th Parliament is in contravention with provisions of articles 2 (1) & (2), 88 and 94 of the constitution.
According to Muhumuza, Parliament had less than 80 members in attendance for a vote which requires the presence of at least one third of the members of parliament entitled to vote.
The rule implies that at least 125 members of parliament should be present for any vote within the current composition. The ninth parliament has 375 members entitled to vote.
He further states that this irregularity was brought to the attention of Parliament by Busiro East MP Medard Seggona.
To that effect, the Deputy Speaker of Parliament Jacob Oulanyah adjourned the House for 15 minutes and resumed thereafter by having members present to vote and yet the quorum was not yet attained.
Muhumuza still in his petition faults KCCA for having resolved and sent a request to Cabinet to borrow the money in question from World Bank very well knowing that the Authority is not lawfully constituted as enshrined in sections 6 and 7 of the KCCA Act.
He now wants the court to declare that by KCCA adopting and forwarding a resolution to borrow $175 million and the same forwarded to Parliament for adoption yet knowing that it’s not lawfully constituted; contravenes the constitution.
Court is yet to receive the defense of KCCA and AG before the matter can be fixed and heard.