The Attorney General, Mr Peter Nyombi, has directed the Electoral Commission not to proceed and conduct the Kampala mayoral by-election as had been scheduled.
Mr Nyombi, in an April 1 letter to the EC chairperson, Mr Badru Kiggundu, cited the Friday ruling of Justice Lydia Mugambe which had allowed Lord Mayor Erias Lukwago to resume his work.
Justice Mugambe had also stayed the conduct of the Kampala mayoral by-election, saying Mr Lukwago was wrongly impeached.
“The Attorney General intends to appeal against this decision and has obtained an interim stay of her (Justice Mugambe) orders. The Court of Appeal by this stay did not set aside and or vary the decision of Lady Justice Lydia Mugambe but only stayed the same pending hearing of the appeal,” Mr Nyombi states in the letter. “The import of the Court of Appeal ruling is that no elections should be conducted until determination of the appeal. The purpose of this letter, therefore, is to advise that your office suspends the conduct of Kampala mayoral by-election until the court orders otherwise,” the letter further reads in part.
The letter was copied to the Minister for Kampala, the KCCA Executive Director, the Principal Judge, registrars of the Supreme Court, Court of Appeal, and Mr Lukwago’s lawyers among others.
The cancellation of the poll process clarifies the thinking that after Justice Stephen Kavuma’s direction that Lukwago vacates office, he could as well be replaced by the EC.
After Justice Kavuma’s verdict on Monday, the EC spokesperson, Mr Jotham Taremwa, said they would first seek legal guidance before proceeding with the electoral process.
However, the NRM conducted primaries of aspirants on Monday seeking to contest for the post.
Yesterday, Mr Lukwago’s lawyers spent most of the day at the Supreme Court trying to secure a hearing that they hope will overturn Justice Kavuma’s injunction.
Mr Peter Sematimba, who was elected as the NRM party flag-bearer for the Kampala Lord Mayoral by-election, will now wait until the litigation over the post is concluded.