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Court orders that rebel MPs be thrown out of parliament with immediate effect.

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The four NRM rebel MPs could be kicked out of parliament. Photo by Faiswal Kasiirye 

By Nelson Bwire

Posted  Friday, February 21   2014 at  13:03

In Summary

Allocating new seats to the MPs was in breach of Parliament's procedure and the Speaker had no power to reallocate them

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Judge Richard Buteera of the constitutional court today ruled that the four expelled NRM Members of Parliament; Theodore Ssekikubo of Lwemiyaga, Mohammad Nsereko of Kampala Central, Wilfred Niwagaba of Ndorwa East and Barnabas Tinkasimire of Buyaga, should leave parliament.

The positions of the four MPs had previously been declared vacant by the same court before the verdict was over turned by the supreme court where they (Rebel MPs) had appealed.

However, the Supreme court, despite ruling to the contrary, agreed that the constitutional court be left to carry on its duty.

And this morning a session with Judge Richard Buteera and Justices, Faith Mwondha, Augustine Nshimye and Remmy Kasule are set to deliver a final ruling on the fate of the rebel MPs.

Judge Richard Buteera who has delivered the first judgement states that: Upon expulsion from NRM, they (MPs) left the party but remained in parliament as defacto- independents which is an unconstitutional status

He also ruled ruled that speaker of Parliament acted unconstitutionally by declining to declare the seats of the four expelled law makers vacant.

"Allocating new seats to the MPs was in breach of Parliament's procedure and the Speaker had no power to reallocate them" The Judge ruled.

This is the first out of 5 judgments and by the time of this story, the second session had resumed, hence we await another judgement.

DEVELOPING:
Justice Faith Mwondah has also ruled that the rebel MPs are in parliament unconstitutionally hence deserve no place there.
"Speaker acted unconstitutionally, they have no place in parliament." She said. "They are politically wild aliens with no place in parliament" she added.

JUDGE KASULE DEFERS.

Judge Remmy Kasule disagrees with the judgements made previously by Buteera and Mwondah.

He says that the article of the constitution referred to by her colleagues should be restricted to MPs who cross the floor of parliament to join another party.

But in this case, these are members of parliament in dispute with their party on matters that are of no concern to the parliament.

FINAL RULING

The constitutional court has finally ruled that the "rebel" MPs be thrown out of parliament with immediate effect. This comes after the final ruling by the 5th Judge on the panel, Augustine Nshimye who also ruled in line with Faith Mwondha and Richard Buteera.

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