Lukwago seeks to sell KCCA assets to pay his Shs780m debt

Kampala Lord Mayor Erias Lukwago has gone to court seeking an order to attach Kampala Capital City Authority’s (KCCA) property and bank accounts for refusing or neglecting to pay him salary arrears of Shs563m and damages of Shs220m awarded to him in the impeachment case which the city authority lost.

Mr Lukwago is demanding at least Shs783m from KCCA in salary arrears and legal costs and compensation.
He confirmed to Daily Monitor yesterday that he petitioned court in March this year for attachment of KCCA properties and bank accounts but the Covid-19 pandemic disrupted the process.

“Now that court operations have normalised, we are going back to court to get execution orders so that we can proceed with the attachment process,” Mr Lukwago said by telephone yesterday.
He wondered why KCCA deliberately refused to pay his salary arrears yet there is a court ruling which directed that he be paid.

On August 16, 2019, Justice Andrew Bashaija ruled that Mr Lukwago be awarded Shs100m as general damages at an interest of 8 per cent per annum from the date of the ruling, plus Shs120m as legal costs.

Justice Bashaija also upheld the High Court ruling by Justice Lydia Mugambe made on March 28, 2014, which declared the alleged impeachment of Mr Lukwago by KCCA Council in 2013 as null and void.

Mr Lukwago was re-elected Lord Mayor in February 2016, but KCCA did not pay his salary arrears in his previous tenure on grounds that they had appealed against Justice Mugambe’s ruling on the impeachment case.

Lukwago later sued KCCA and its executive director at that time, Ms Jennifer Musisi, the then Minister for Kampala Beti Olive Kamya and the Attorney General (cited as respondents in the case) for refusing or neglecting to pay his salary arrears, compensation and legal costs.

In his ruling, Justice Bashaija dismissed the explanations by the respondents that they could not pay Lukwago because there was a pending appeal in the appellate court on the same matter.

“…the moment the court declared the purported impeachment process of the applicant [Lukwago] null and void, it invariably meant that the position of the Lord Mayor has never been vacant at one time or at all,” the judge’s verdict reads in part.

“This finding is made more poignant in the fact that even the initial term under which the purported impeachment was done expired, the applicant [Lukwago] was on February 24 2016 re-elected to the office as Lord Mayor for KCCA and took office on June 6, 2017,” the judge further stated.

Justice Bashaija noted that the purported appeal by KCCA and the co-respondents against Justice Mugambe’s ruling had been overtaken by events. He said KCCA’s actions were motivated by bad faith and bent on frustrating Mr Lukwago from earning what was rightfully his due entitlement under the law by virtue of holding the office of Lord Mayor.

Following the ruling, the KCCA Director of Legal Affairs, Mr Caleb Mugisha, wrote to KCCA Director of Treasury Services Mr Don Kitabire on October 31, 2019, instructing him to pay Mr Lukwago’s salary arrears. The payment has never been made.

The KCCA acting deputy director of communications, Mr Daniel Nuwe Abine, confirmed receipt of Justice Basahija’s ruling but said they appealed against it.
He declined to comment on why Mr Caleb wrote to Mr Kitabire instructing him to pay Lukwago’s arrears if they intended to appeal or had filed an appeal.

Mr Lukwago told Daily Monitor that KCCA only filed a belated notice of intention to appeal but was rejected by the court for being time-barred.
He said he would proceed with the attachment process to recover his all his monies KCCA owes him.

BACKGROUND
Catalysts
On March 14, 2011, Mr Lukwago was elected Kampala Lord Mayor and took oath on May 20, 2011. In May 2013 some KCCA councillors and the then Kampala Minister, Mr Frank Tumwebaze, commenced impeachment proceedings against Mr Lukwago for alleged incompetence, abuse of office and misconduct.

On June 5, 2013, Mr Tumwebaze announced a three-member tribunal led by Justice Catherine Bamugemereire, assisted by Mr Alfred Okello Oryem and Mrs Ocaya Lakidi as members.

However, the minister did not gazette the instrument of appointment nor serve Mr Lukwago a copy. The tribunal secretary, Mr Robert Kirunda, later wrote to KCCA Council halting the meeting for the impeachment. However the Council ignored his letter.

Mr Lukwago petitioned court and secured an interim order halting all Council proceedings. However, the order by Justice Yasin Nyanzi was also ignored by Mr Tumwebaze. The KCCA Council moved ahead with the impeachment proceedings against Mr Lukwago. The Council declared Lukwago’s impeachment.

Mr Lukwago challenged the impeachment in court and won. On March 28, 2014, High Court judge Lydia Mugambe found Mr Tumwebaze and the KCCA councillors guilty of contempt of court orders.
The purported impeachment was declared null and void.

[email protected]