Lack of jurisdiction and wrong timing in filling have conspired to keep the Lord Mayor of Kampala, Erias Lukwago, sitting on thorns.
He is left dangling between the devil and the deep blue sea as to when he would have access to his pay cheque which was halted almost a year ago.
Kampala City Councillors had in November 2013 impeached Lukwago who disputed his removal from office and managed to convince a High Court judge to reinstate him.
But he had not reckoned with the City Councillors and the Attorney-General’s office. They shot off a joint appeal to Acting Deputy Chief Justice Steven Kavuma, who sitting as a single judge of the Court of Appeal, overturned the High Court decision and sent Lukwago back onto the unemployment market.
Finding his fate unacceptable, Lukwago ran to the Supreme Court for solace through an appeal, urging the court to quash the Acting Deputy CJ’s decision affirming his dismissal from office.
But on August 21, the Supreme Court unanimously ruled that they did not have jurisdiction to entertain a decision of Justice Kavuma who sat as a single judge of the Court of Appeal.
The apex Court referred him back to the Court of Appeal and ordered that his petition be heard by a panel of three justices. The court also ordered the Court of Appeal to urgently fix his case for hearing.
Based on the Supreme Court directive, Lukwago wrote to the Court of Appeal urging it to comply with the Supreme Court directive to “urgently hear his case”.
But judicial staff insist that the Court of Appeal is currently in criminal session and could do nothing about the Mayor’s case until its next civil session which begins in about three weeks’ time.
But Deputy Registrar Deo Nizeyimana in a September 3 reply said: “it is not possible to hear Lukwago’s appeal at this time because the justices of the Court of Appeal are busy in a criminal session”.
To which Deputy Judicial PRO Harriet Nassali added: “Lukwago’s appeal can only be heard in a civil session that starts on October 20.”