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Ruling on expelled MPs case set for Thursday

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By EPHRAIM KASOZI

Posted  Wednesday, March 5   2014 at  02:00

In Summary

The MPs asked the country’s highest appellate court to stay the implementation of the orders to enable them pursue their appeal as required by law.

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Kampala.
The move to stay the implementation of the Constitutional Court orders against four MPs who were expelled from NRM to vacate their seats in Parliament awaits a ruling before the Supreme Court.

A panel of five justices of the Supreme Court, led by Ms Stella Arach Amoko, set March 6 to determine the fate of the application seeking to temporarily halt the court orders until their appeal is heard and determined. Other Justices include Galdino Okello, Benjamin Odoki, John Tsekoko and Christine Kitumba.

On February 21, the Constitutional Court majority decision ordered the Speaker of Parliament, Ms Rebecca Kadaga, to block the MPs Mr Theodore Sekikubo (Lwemiyaga county MP), Mr Muhammed Nsereko (Kampala Central), Mr Wilfred Niwagaba (Ndorwa East) and Mr Barnabas Tinkasimire (Buyaga County) from accessing and or participating in parliamentary activities.
The court also ordered the expelled MPs to vacate their seats in Parliament, holding that the legislators were illegally in office upon expulsion from their party.

However, the MPs, through their lawyers led by Mr Peter Walubiri, asked the country’s highest appellate court to stay the implementation of the orders to enable the MPs pursue their appeal as required by law.
However, NRM lawyers, asked court to dismiss the application for stay because the MPs failed to prove how they would be affected.

They argued that the orders have already been implemented and that by granting an order, the court would be interfering with the status quo.
Meanwhile, it emerged that the MPs dropped Prof George Kanyeihamba as lead lawyer and replaced him with Mr Walubiri, prompting him to ask court to be allowed to walk out of a fully packed courtroom.
Prof Kanyeihamba claimed he was not aware of the MPs withdrawing instructions from him.

ekasozi@ug.nationmedia.com