{UAH} Lukwago wants Kayihura, Nyombi, Musisi arrested

Kampala Lord Mayor Erias Lukwago has in a written application asked High court to order the arrest of Attorney General Peter Nyombi, Police chief Kale Kayihura and Jennifer Musisi, the KCCA executive director, among others, for defying a court order reinstating him.

Lukwago claims he tried and failed to have the order implemented since December 2013. Lukwago’s application was received by the deputy registrar of the High court (civil division) today.

Speaking from his chambers at Media plaza in Kamwokya, Lukwago said it was embarrassing that the NRM, which is celebrating 33 years since they launched their struggle to usher in the rule by law, was condoning impunity.

Under Article 41(1) and (2) of the Civil Procedures Rules, anyone found guilty of defying a court order, is liable to six-month imprisonment under what is known as civil prison. Alternatively, a convict’s property can be attached and sold. Despite the call, Lukwago was unable to explain how he expected the arrests to be carried out.

“Their arrest can only be done when they refuse to honour court summons but if they believe they are law-abiding personalities, they will either honour it or alternatively implement the earlier court orders,” he said.

Lukwago added that he had also petitioned the Law Council, seeking the removal of Nyombi’s name from the list of lawyers allowed to practise in Uganda. If Lukwago succeeds here, Nyombi, who was last year reprimanded by the Uganda Law Society, would find it next to impossible to remain  attorney general.

The move comes a day after the Electoral Commission (EC) indicated that it was planning to hold a by-election to choose a new lord mayor by the end of May. EC spokesperson Jotham Taremwa told The Observer on Wednesday, that they were waiting for clearance from the attorney general.

Taremwa added that the commission would not wait for a resolution of the ongoing court battles between Lukwago and the attorney general.

“Court proceedings cannot stop us; we have a letter of vacancy and are obliged to organise an election,” Taremwa said.

Steven Kavuma-Kabenge, a lecturer of law at Makerere University, explained that if Nyombi advised the EC to organise elections for the office of Kampala mayor, the commission would be duty-bound to follow his advice.

“The EC is bound to comply with what the attorney general tells them however illegal his advice might be,” Kavuma-Kabenge said.

Earlier, Justice Yasin Nyanzi refused to excuse himself from the lawsuit between Lukwago and the AG. Meanwhile, Lukwago has offered to testify before the parliamentary Public Accounts committee, now looking into KCCA funds, following a damning report from the Auditor General’s office.

--

*A positive mind is a courageous mind, without doubts and fears, using the experience and wisdom to give the best of him/herself.

 

 We must dare invent the future!
The only way of limiting the usurpation of power by
 individuals, the military or otherwise, is to put the people in charge  - Capt. Thomas. Sankara {RIP} ’1949-1987

 *“Those who make peaceful revolution impossible will make violent

revolution inevitable”**…  *J.F Kennedy