Lukyamuzi wins

Kudos to my friend Ken the man for winning his protracted battle against the decision of the IGG to kick him out of parliament. I had previously argued that the IGG's decision was erroneous and am humbled that the supreme court concurs with me

http://www.scribd.com/doc/28358104/Daniel-R-Ruhweza-the-IGG-amp-Political-Corruption-in-Uganda-Working-Paper-20-3

See story below....

Lukyamuzi and Nambooze win in court

By Ephraim Kasozi & Lydia Mukisa
Posted Thursday, April 1 2010 at 00:00

Kampala

Former Lubaga South MP John Ken Lukyamuzi was illegally removed from the Seventh Parliament, the Supreme Court ruled yesterday. The same court threw Mukono North MP Peter Bakaluba out of the current Parliament, upholding an earlier ruling that he rigged his way into the House. Yesterday’s ruling ends a protracted legal battle by Mr Lukyamuzi, who is also leader of the Conservative Party, to save his political career.

It also breaks Rev. Bakkaluba’s grip on a seat that Betty Nambooze, his top rival in the last election, has been trying to wrestle out of his clasp since 2006. In their ruling on Lukyamuzi, the seven judges of the Supreme Court led by Chief Justice Benjamin Odoki unanimously declared that his removal from Parliament and subsequent disqualification from being nominated as candidate for the parliamentary elections held in February 2006 were null and void because they were contrary to the Constitution.

“It is my opinion that IGG is not the appropriate tribunal mentioned in Article 83(1) (e) of the Constitution,” held Justice Jotham Tumwesigye in the lead judgment delivered in a fully-packed courtroom.

The court also ordered that Parliament amends the Leadership Code, to establish the Leadership Code Tribunal so that the law can be enforced effectively. Tax payers will meet the costs of the former MP’s emoluments.


Financial compensation
Mr Lukyamuzi, who was removed from Parliament seven months before expiry of his tenure over breach of the Leadership Code Act 2002, said he was earning over Shs8 million per month. But the legislator, who was blocked from nomination to run for re-election, is expected to file a separate petition to claim compensation for that loss. After being blocked, Mr Lukyamuzi fronted his daughter, Susan Nampijja for the Lubaga South parliamentary seat, which she won.

While Mr Lukyamuzi triumphed after a long drawn out struggle, Mukono North MP Peter Bakaluba Mukasa was not as fortunate. Court dismissed with costs his appeal challenging the decision of the lower courts to throw him out of Parliament over bribery.

Rev. Mukasa appealed to the Supreme Court after his election to Parliament was nullified following a petition in the High Court by Ms Betty Nambooze and his subsequent appeal to the Court of Appeal having been dismissed by a majority decision.

“I am satisfied that the learned trial judge Stella Arach carefully and properly evaluated the evidence, addressed herself to the law and came to the correct conclusion and decision. I would dismiss the appeal with costs in this court and the courts below. I uphold the decisions of the lower courts,” held Justice Bart Katureebe in the lead judgment.

Judges’ panel
The Supreme Court bench has Chief Justice Odoki and judges Tumwesigye, Dr Esther Mayambala Kisaakye, Christine Kitumba, John Wilson Natubu Tsekooko, Bart Magunda Katureebe and Mpagi Bahigeine. Fresh elections are expected in Mukono North in a fortnight.

http://www.monitor.co.ug/News/National/-/688334/890762/-/wkc4jl/-/index.html