{UAH} How Erias Lukwago’ Tribunal has Progressively Turned into a Comedy Leaving Right Thinking Ugandans Wondering What the Power Players could beUp to

FRACAS: How Erias Lukwago' Tribunal has Progressively Turned into a Comedy Leaving Right Thinking Ugandans Wondering What the Power Players could beUp to

---

By Stephen K Muwambi 25th, July 2013

---

President Museveni and some of the players in the Lukwago saga

As it was expected to be, the Lord Mayor Erias Lukwago's on-going disciplinary trial led by Lady Justice Catherine Bamugemereire's tribunal is fast turning into a movie of Kinigeria proportions. In fact, a smart movie director should move to Uganda and capture a script worth millions of dollars.

Background

Truth be told, President Yoweri Museveni never wanted Lukwago or any other opposition politician to become Kampala Mayor which is why he joined the trenches to stop Lukwago.  But Kampalans had different ideas; they voted the notorious Lukwago into City Hall.

Meanwhile, the NRM strategists had earlier pushed Parliament the law they unwittingly thought would render Lukwago a lame duck mayor. Only that Museveni' strategists seem to have forgotten that Lukwago is not only a lawyer but a sharp one at that. Being one of the MPs who deliberated on the law, Erias ensured there remained loopholes in the legislation that he would exploit once he landed the seat, giving him some power.

It's why Museveni' strategists, unsophisticated Ugandans and even those in opposition, expressed their surprise when Lukwago let the law be. They thought Lukwago had woven the rope and passed it on to the hangman to squeeze his neck.

Once Lukwago had been elected, Museveni strategists resorted to the law, appointing the politically correct Jennifer Musisi Ssemakula as KCCA Chief Executive Director (CED) along with a string of officials below her.

Muruli

They further appointed a Minister for Kampala in Muruli Mukasa to offer political leadership.  And with that, the strategists hoped they had effectively reduced Lukwago to an idler at City hall!

Muruuli is credited for having maintained harmony between Lukwago and Musisi. He urged the protagonists to work to together for the good of Kampala. As an elected mayor, Muruuli argued, Lukwago was instrumental in the running of the city affairs.

Enter Tumwebaze

For his soft approach, Muruuli would be dropped in favor of the young and NRM diehard Frank Tumwebaze. For purposes of easy control, Tumwebaze was also appointed the Minister in charge of the Presidency. This meant Tumwebaze would be  in easy reach of the President from time to time for purposes of briefing the big man about the goings-on at city hall.

That Tumwebaze had started off as a Presidential guard who had now been appointed the powerful minister in charge of the President, meant that the young man had to return the favor by doing the President bidding to the boot. No wonder, the moment Tumwebaze steps his feet at City Hall, things starts falling apart.

As if on cue, Jennifer ups his bellicose attitude towards Lukwago.

Lukwago takes cover in the law

To keep his space, Lukwago goes to court. He also engineers the taxi-men' case, which ends with Justice Benjamin Kabiito cutting Jennifer to size. Kabiito points out that Jennifer had to consult Lukwago before she passed the Shs120, 000 taxi monthly charges.

In effect, Kabiito rules, Lukwago will have to approve whatever Jennifer had to do. Therein lay the problem. When her godfathers sent her to city hall, Jennifer was meant to be the Alpha and Omega at the white house. And here was Justice Kabiito telling her that she has to seek approval from Lukwago.

This was too big an insult for Jennifer's godfathers to shallow! Though Jennifer chooses to let the judgment be, by opting not to appeal, the judgment leaves a soar taste in her mouth let alone her godfathers.

Govt topples court judgment!

No wonder, government later topples the judgment through the famous (or is it infamous) Minister Richard Tadwong' restoration of the Shs120, 000. Law scholars call Tadwong' order a decree. Comparisons are drawn between the current government and Amin's. Lukwago threatens to take up the matter with the Chief Justice.

Taxi-men return to Court. But, government ignores all the 'noise'. After all, the 'politically bad judgment' had to be done away with come what may. And government had the power the power on its side to do so.

Drama strays into Parliament

Meanwhile, Lukwago had also called for Parliament's intervention. His concern is that Jennifer has usurped even the "little" power he had under the KCCA Act. Whereas she picks money, Lukwago complains, Jennifer has no courtesy to account for how she uses it.

In short, Lukwago tells the Committee, Jennifer has turned herself into the policy initiator, implementer and auditor at the same time.

MPs blame Lukwago, Jennifer row on law

Lawmakers unanimously agree that there is actually a lacuna in the KCCA Act. This is because; the Act does not clearly set out the roles of both the Lord Mayor and the Executive Director.

Jennifer and Lukwago concede this point. In fact, they ask the MPs to help plug the loopholes in the law.

MPs 'forge' report gifting Sevo Kampala

Instead, we later hear suggestions from some sections of MPs that the city be handed over to the President. Finally, complaints ring high in the House indicating that actually Committee Chairman Florence Kintu and her Deputy Alex Magyezi have sat somewhere God knows and forged a report giving the President the powers to take over Kampala.

MPs across the divide loudly cry foul. Efforts are made to have the "soft" Deputy Speaker Jacob Oulanyah pass the report. The move falls flat on its face after MPs swear to "castrate" Oulanyah "if he abets the forgery". The opposers carry the day.

Councillors take on Lukwago

Meantime, government strategists have more tricks above their sleeves. They talk to the politically correct councilors telling them to lodge a petition with the Kampala Minister Frank Tumwebaze. The intention is to ask the Minister for permission so that they can initiate disciplinary proceedings against Lukwago.

A total of seventeen 'understanding' KCCA councilors are hastily arranged as the petitioners. As expected, Tumwebaze clears the petition despite Lukwago' fervent opposition. Lukwago goes to court to oppose the move, but hits a dead end.

AG Peter Nyombi rubbishes petition

An obviously excited Tumwebaze then writes to Attorney General Peter Nyombi, seeking legal advice. To Tumwebaze' consternation, however, the 'friendly Attorney General, replies that the petitioners' charges are as faulty as faulty could be. 

Tumwebaze's ' redeems' petition, Lukwago cries

Seeking to redeem the petition, Tumwebaze "smuggles" into the petition another charge.  A tribunal is hastily put in place and kicks off with break neck speed.

Meanwhile, Lukwago returns to the High Court, seeking to block the tribunal. In his petition, Erias  faults Tumwebaze for his failure to issue a statutory instrument setting up the tribunal. He furthers points out that the council lacked quorum and so could not file the petition.

Judge okays trial, but says Lukwago can't be fired!

Justice Vincent Zehukirize' tells Lukwago to return to the Tribunal. But, to Lukwago' pleasure, dismisses the belated charge. He then drops the shocker:  Even if Lukwago is found guilty, the council, as it is constituted, rules the good judge, will have no powers to fire "Omuloodi"!

Three questions immediately come to the mind. Where on earth do councilors, who have no powers to sack Lukwago, got the powers to sue him in the first place? Two, where is the logic in 'prosecuting' Lukwago, if at the end of the day, the man will have to walk free, even if found guilty?

And three, why waste Justice Bamugemereire' precious time, energy and government resources, which would be used to attend to worthy cases? Why highly learned men should be made to look like comedians acting advocates in an equally comical trial? The mind boggles.

Security stands in Lukwago's way

Contrary to Zehukirize' ruling that Lukwago is afforded a fair hearing, as Lord Mayor prepares to leave his home for the Tribunal, he is met by squads of security.

They cut him off from his home on the excuse he the security has info that he has mobilized "thugs" to terrorize the city on the way to the venue of the Tribunal.

Lukwago seyas join fray

To true, to the security's info, politicians, including MPs jam Lukwago's home. A bitter exchange of words ensues between the Lord Mayor's 'comrades', 'voters', 'sympathizers', 'human rights defenders', 'lawyers', name it. They all demand that security let their man go or face the consequences.

Armed security facing the poor civilians' fire, my foot!  Well, cops ignore the civilians "fire" and stick to their gun. Protests start.

Tribunal kept waiting

Meanwhile, Lukwago is losing time. The presiding judge is irritated. So are the lawyers from all parties to the case. Finally, Lukwago is put into the car and driven to the venue.

He starts off by quarreling telling the judge how he has been molested by 'goons' (read security). The opposite lawyers counter. They say Lukwago's people delayed him because, they all demanded to come with him.

Wait for the next episode involving hilarious, sorry outrageous evidence that will make one shudder with laughter.

--
Rehema
Patriot in Kampala,East Africa:UMBS is a registered organization devoted to matters of interest to Muslims in Uganda.Muslims from other countries are welcome to join us too. Follow us on Twitter at: http://twitter.com/#!/UMBSFORUM. To donate to UMBS activities, click on: http://um-bs.com/donate/ or just deposit money on UMBS Bank A/C at Bank of Africa:07074320002 .