KCCA power struggle: Lukwago seeks out of court

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Kampala City Lord Mayor Erias Lukwago

Appearing in court presided by Justice Eldad Mwangushya, Lukwago through his advocates Medard Ssegona said the Parliamentary committee on presidential affairs was studying the case and would make a report to parliament in 45 days. Ssegona said the case came up on the floor of Parliament last week on Tuesday.

“I have talked to both my client Lukwago and the minister for Kampala Muluri Mukasa who want and wish that the case be settled out of court. Lukwago said he is interested in the solution to the problem” Ssegona told court.

He also said the minister in charge of the Presidency and Kampala city Muluri Mukasa was also pursuing efforts of settling the matter outside court.

However, Musisi’s legal team comprising lawyers Andrew Kasirye, Paul Rutisya, and Claire Kaketo wondered about his pursuits of settlement of the case out of court when their client was not aware or informed of any developments.

Ssegona also pleaded that the settlement of the case between the two parties that had been agreed on by the lawyers of the applicant and defendant proceeds but was ruled out by Mwangushya who said court had abandoned it for it lacked the will of the two parties.

The judge however set June 4, 2012 as the next date of hearing and said the case will proceed in case efforts to settle the matter out of court fail to materialize.

Lukwago and Musisi are locked in a bitter feud over the stewardship of KCCA. The case arose on September 23 last year, when Lukwago petitioned court, claiming Musisi was usurping his powers.

He filed an application for judicial review seeking to restrain Musisi from making purported arbitrary decisions. Lukwago contends that Musisi is depicting the office of the Lord Mayor as being ceremonial.

Judicial review is conducted by the High Court in relation to proceedings plus decisions taken by subordinate courts, persons, and inferior tribunals or public bodies.

Lukwago asserts that the functions of the Lord Mayor, specified under Section 11 of the KCCA Act, is to head the Authority in developing strategies and programmes for the development of the city.

By Darious Magara, The New Vision

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