VERDICT: Supreme Court stays Expulsion of 6 MPs


Kampala – There was a sign of relief after the Supreme Court stayed the ruling nullifying the election of 6 MPs to represent new created Municipalities.

On Monday, the Supreme Court sitting in Kampala upheld the Constitutional Court ruling that nullified the election of Members of Parliament.

“Under article 81 (2) where a vacancy exists in Parliament, a by-election will be held within 60 days after a vacancy has occurred provided it is not less than after six months from the conclusion of general elections,” Judges ruled

“No vacancy had occurred because as noted above, all 20 existing constituencies had been represented in the 2016 general elections,” the judges added offering relief to the legislators.

The affected MPs included Dr Elioda Tumwesigye (Sheema), Tarsis Rwaburindore (Ibanda), Asuman Basalirwa (Bugiri), Patrick Ochan (Apac), Hashim Sulaiman (Nebbi) and Abraham Looki (Kotido).

The justices argued that if the affected MPs are kicked out of parliament before their appeal is disposed of, the outcome of the main case may be rendered useless

Former Bufumbira East MP Hon Eddie Kwizera Wagahungu petitioned the constitutional court moving for the nullification of the election of Members of Parliament for the 6 Municipalities citing that no clear laws were followed in the mandate,

On December 27 2019, the Constitutional Court ruled that the 6 MPs were irregularly elected and therefore should vacate their positions but the Electoral Commission and Attorney General who were the respondents in the case appealed in the Supreme Court.

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