Lukwago seeks to block KCCA appeal on his pay

Kampala Lord Mayor Erias Lukwago has petitioned the Court of Appeal seeking the dismissal of an intended appeal challenging the payment of Shs500 million in salary arrears he missed following his controversial impeachment in 2013.

In an application filed before court, Mr Lukwago is seeking for orders to strike out a notice of appeal filed by the Attorney General (AG) and Kampala Capital City Authority (KCCA) on November 15 and transmitted to the Court of Appeal on November 18.
It is alleged that AG and KCCA failed to file the notice of appeal within the set 14 days after delivery of the ruling.

“…I know that the said notice of appeal constitutes an abuse of court process, is an afterthought and a delaying tactic aimed at frustrating my efforts of benefiting from the fruits of my judgment in the lower court,” he states.
Through his lawyers, Mr Lukwago is seeking a court order rendering a nullity, whatever legal processes undertaken by the government in pursuit of the intended appeal.
The AG and KCCA are jointly accused with former KCCA executive director, Ms Jennifer Musisi Ssemakula, and Kampala Minister Beti Kamya.

In May, the Court of Appeal Justices Stephen Musota, Kenneth Kakuru and Christopher Madrama, dismissed with costs the government appeal reasoning that it had been overtaken by events.
The judges observed that the proceedings giving rise to the application arose out of the impeachment of the Lord Mayor in 2011 with the respect of his term which ended in 2016. Mr Lukwago was, however, re-elected for a new term which runs to date.
The Attorney General and KCCA filed a notice of appeal.
In the sworn statement, Mr Lukwago contends that the High Court decided in his favour and a compelling order was issued to the accused parties to release the emoluments totalling to Shs563.4 million, general damages of Shs100 million and interest on general damages at a rate of 8 per cent per year.

“That I further proceeded to file a bill of costs arising from the aforementioned ruling which was by consent of all parties, taxed and allowed Shs80 million,” Mr Lukwago states.
He contends that following several correspondences between him and the accused parties demanding the payment, the AG agreed to process the payments which dragged on forcing him to apply for execution of a decree.
“That on the day the notice to show cause came up for hearing, the 4th respondent (KCCA) through its legal department produced a letter addressed to the treasury department, KCCA advising the treasury to pay my arrears and other sums due,” he states.

Background

Impeachment
On November 25, 2013, Mr Lukwago was controversially impeached by majority of Kampala Capital City Authority councillors over alleged inappropriate conduct.
The move came after Justice Catherine Bamugemereire’s Tribunal instituted by the Kampala Minister Frank Tumwebaze, to probe the mayor’s conduct found him guilty of abuse of office, misconduct and incompetence.
In her ruling on March 28, 2014, Justice Mugambe stopped the said officials from declaring the seat of the Lord mayor vacant pending the disposal of his main case challenging the impeachment.
However, the said parties went ahead to evict Mr Lukwago from office.

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