Attorney General Advises Against Lukwago Removal

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In short
An advisory dated May 22, 2013 has revealed that the Attorney General Peter Nyombi warned government that it has no grounds to remove Kampala Lord Mayor Erias Lukwago from office. Nyombi’s came two days after the Minister for the Presidency, Frank Tumwebaze, wrote seeking legal advice on the stand-off between Lukwago and the Kampala Capital City Authority (KCCA) councillors.

An advisory dated May 22, 2013 has revealed that the Attorney General Peter Nyombi warned government that it has no grounds to remove Kampala Lord Mayor Erias Lukwago from office.
 
Nyombi’s came two days after the Minister for the Presidency, Frank Tumwebaze, wrote seeking legal advice on the stand-off between Lukwago and the Kampala Capital City Authority (KCCA) councillors. The Attorney General advised that that Tumwebaze’s actions to set up a tribunal to hear councillors’ petition against Lukwago was in defiance of section 12 (5) of the KCCA Act 2010.
 
KCCA councilors had petitioned Tumwebaze seeking to remove Lukwago citing abuse of office, incompetence and misconduct or misbehavior but the reportedly provided little evidence.
 
Nyombi also described as untenable claims by the councillors that the Lord Mayor was frustrating KCCA efforts to levy Trade License fees. The councillors were basing their claims on Lukwago’s letter to all division Mayors and urban councils against levying of Trade License fees which had been questioned by parliament.
 
Nyombi also dismissed a claim that Lukwago had defied authorities by conducting activities in the city such as the clean-up campaign. He explained that the campaign had not been prohibited or blocked by KCCA council or the police stressing that it cannot justify a complaint of abuse of office.
 
The Attorney General further questioned the claims by councillors that Lukwago had doctored council minutes to show that council had approved Suleiman Kidandala as deputy Lord Mayor. He stressed that Lukwago had legally convened the council meeting and that the minutes are not contestable to prove that he is incompetent, adding that records also show that councillors fully participated in approving Kidandala as deputy Lord Mayor.
 
Nyombi only provided one conclusion that the tribunal headed by Justice Catherine Bamugemereire would be legally in place if the councillors prove that Luwago did not call council meetings for two consecutive times.

However, Frank Tumwebaze was quick to dismiss the Attorney General’s findings arguing that the councillors’ complaints that Lukwago failed to call two consecutive meetings are strong enough for the tribunal to continue doing its work.
 
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Nyombi further indicates that it’s difficult to prove a case of misconduct on the Lord Mayor basing on claims that he has persistently attacked the technical staff and councilors through the media, accusing them of taking bribes from the Executive Director Jennifer Musisi.