KAMPALA- In what seems to be a last resort after claiming his emoluments without much success, Kampala Capital City Authority (KCCA) Lord Mayor, Erias Lukwago has run to High Court (Civil division) seeking payment of his 30 months arrears amounting to Shs 563 million.
Mr Lukwago on Tuesday took KCCA to court, together with the Minister for Kampala, Ms Beti Kamya, the executive director, Ms Jennifer Musisi Ssemakula and the Attorney General(AG).
Through his chambers, M/s Lukwago & Co. Advocates, the Mr Lukwago seeks among other things an order of mandamus compelling the respondents to pay his accumulated emoluments and salary arrears for the period of December to May 2016 with costs, after a botched impeachment by majority councillors.
“The applicant also seeks a declaration that the conduct of the respondents in continuing to freeze his salary and emoluments without any lawful justification is improper in law and ultra vires (beyond) their powers,” the filed suit supported by his affidavit says in part.
Mr Lukwago now wants court to compel Ms Musisi, the KCCA accounting officer, to implement the Authority resolutions of December 15th and January 10th for his emoluments to be paid without any further delay.
Addressing a press conference in Kampala on Tuesday, after filing the case, Mr Lukwago explained why he decided to seek court redress saying he has been frustrated by the Attorney General, Ms Musisi and Ms Kamya hiding in a cover that he had a pending appeal whereas not.
“Enough is enough on this delayed emolument saga. I am a successful litigant, a person who went to court and was litigated successfully. I assembled ten formidable teams of fist class lawyers in the country which pursued the case successfully to its logical conclusion. I have taken this painful decision even against KCCA I preside over,” Lukwago said.
Mr Lukwago was appointed Lord Mayor on March 14, 2011 after he garnered 64 percent of the votes cast and took oath on May20, 2011.
In November 2013 after a trial before the tribunal chaired by justice Catherine Bamugemerierwe, Lukwago was impeached through a process presided over by the then line minister Frank Tumwebaze by the Registrar Fred Waninda and Justice Yasin Nyanzi.
In flagrant defiance, Mr Tumwebaze went on with presiding over the impeachment and the same was declared null and void by Justice Lydia Mugambe who also condemned Mr Tumwebaze, Musisi, the AG and the Electoral Commission which had begun preparing a by-election.
Mr Lukwago says this to date, Justice Mugambe’s order has never been set aside and that the 21-day single judge interim order by the deputy Chief Justice, Justice Steven Kavuma expired.
“The applicant has been subjected to psychological torture, mental anguish and emotional stress for which the first respondent [Kamya] is vicariously liable. The orders are necessary for the ends of justice to be met,” Lukwago’s plaint goes on.