FDC’s Nabilah survives being kicked out of Parliament as court declares Kampala district
Kampala District Woman MP Nabilah Naggayi Sempala
What you need to know:
Nabilah had been sued along with the Attorney General and the Independent Electoral Commission which Odonga claimed issued an election roadmap on October 2, 2015 for the 2016 general elections that included the election of a district woman representative for Kampala on February 18, 2016.
KAMPALA. The Constitutional Court on Wednesday upheld the opposition Forum for Democratic Change (FDC)'s Nabilah Naggayi Sempala as the Kampala District woman MP after ruling that the city is still a district.
In an unanimous judgment, five justices led by Justice Steven Kavuma said the constitutional amendments that elevated Kampala to the status of a Capital city were just descriptive in nature and did not have an effect on its administrative structures hence its residents must enjoy equal representation in Parliament by electing people to occupy all elective posts.
Other justices are; Richard Buteera, Solomy Balungi Bossa, Cheborion Barishaki and Paul Kahaibale Mugamba.
The ruling followed a Constitutional petition filed by a one Alex Odonga, a concerned Kampala voter who had asked court to nullify the election of Ms Naggayi as on grounds that Kampala assumed the status of a city and her post is not provided for as its the case in other cities and municipalities.
However, in their ruling, the judges noted that in accordance with section 8(3) of the Parliamentary Elections Act, 2005 and Article 78(2) of the constitution, the representation in parliament under Article 78(1)(b) and (c) is reviewed for the purpose of retaining the representation.
“…….. the wish of the people as evidenced by the deliberations in Parliament reflected in the Hansard is that women should be represented in parliament both at the district and city levels,” ruled the justices in their judgment read by the deputy registrar Mr Taddeo Asiimwe .
“The constitution as amended did not expressly abolish Kampala as a district and neither did it abolish it having a woman member of parliament. Parliament had the power to do so under Article 78(2) of the Constitution but it did not which in our view reflects its intention to retain representation of Kampala regardless of it being referred to as a capital city,” they added.
The judges also noted that the location, demarcation and people of Kampala remained the same and that mere change cannot disenfranchise the people of Kampala.
“Participation in the affairs of Government individually or through his or her representatives is guaranteed by Article 38(1) of the constitution,” they added.
Nabilah had been sued along with the Attorney General and the Independent Electoral Commission which Odonga claimed issued an election roadmap on October 2, 2015 for the 2016 general elections that included the election of a district woman representative for Kampala on February 18, 2016.
Odonga had also claimed that section 8(1) of the Parliamentary Elections Act 2005 is unconstitutional to the extent that it provides for a woman representative in parliament for every city and yet the constitution of Uganda does not provide for a woman representative for a city.
