Court stays hearing of main MPs' Shs10 billion Covid-19 case
Ms Kadaga defended the MPs during the storm. File photo
The High Court in Kampala, has stayed a main case in which two Members of Parliament (MPs) challenged the disbursement of Shs10 billion Covid-19 money to the law makers, until a similar case in Constitutional Court is determined.
The presiding judge, Mr Micheal Elubu, on Tuesday held that since there is a similar matter before the Constitutional Court, it is prudent that the matter before him that was filed by MPs Gerald Karuhanga (Ntungambo Municipality) and Jonathan Odur (Erute South) be stayed, pending the outcome of the Constitutional Court case.
The Constitutional Court petition was filed by Mr Prosper Busingye, a political activist.
"It is evident therefore, that there is an overlap between the two matters. In my view, the constitution has supremacy over any law in the land. Any question of interpretation of the constitution with regard to actions of Parliament, would therefore, take precedence in these circumstances," held Justice Elubu.
He said: "It is especially pertinent here where similar questions have risen although the constitutional petition was filed by different parties, it arises out of the same matter. The outcome of the constitutional petition has a direct bearing on all questions in this application. In view of the above, it’s directed that the instant application no. 78 of 2020 be stayed pending the outcome of constitutional petition no. 4 of 2020," he said.
The judge agreed with the submissions of the Attorney General, a respondent in both cases that since there was an overlap of issues in both cases, and it was prudent that the case in the High Court be stayed pending the determination of the constitutional petition.
It was also agreed that since the petitioners in both cases had prayed for the declaration that the introduction of the amendments on the floor of Parliament was illegal and violated the House's Rules, the High Court matter should be stayed.
It was also agreed that both cases had pleaded that the guidelines issued by Speaker Rebecca Kadaga, directing MPs to disburse the Shs20 million that was wired to their individual bank accounts at their discretion to district local governments, to help in the fight against the Covid-19 pandemic, was illegal.
The staying of the main matter before the High Court, comes e barely two months after the same court ordered all MPs who received the Shs20 million Covid-19 cash to return it.
The April 30 orders were to the effect that each MP returns the said cash to either the Parliamentary Commission account, the National Covid-19 Taskforce or district Covid-19 taskforces.
About three months ago, in a bid to stop the spread of Covid-19, government presented a supplementary budget of Shs304 billion to Parliament for approval.
However, in the approval process and appropriation of the money to different sectors involved in the fight against Covid-19, Shs10 billion was dubiously and belatedly included for allocation to the Parliamentary Commission.
The allocation triggered public outrage forcing President Museveni in one of his televised national addresses, to castigate the law makers.
Each MP was given Shs20 million as facilitation to purportedly sensitise their electorate about the deadly Covid-19.
During the storm, Ms Kadaga defended the MPs.
