The Attorney General yesterday said Mr Erias Lukwago could not be reinstated as Lord Mayor because the court order bearing the directive had been overtaken by events.
In a statement issued yesterday, Mr Peter Nyombi said the interim injuction is impossible to implement since the seat of the Lord Mayor has already been declared vacant and the Electoral Commission has accordingly been notified in accordance with the law.
“The interim injunction has thus been issued today, November 28, 2013 seeking to stop the meeting that occurred on November 25 2013. The interim injunction is, therefore, impossible to implement as we cannot stop a meeting that has already occurred,” Mr Nyombi said.
“None of the reliefs granted to Mr Erias Lukwago by the High Court requires his reinstatement to the office of Lord Mayor. The resolution passed by the KCCA councillors removing Mr Lukwago from the office of The Lord Mayor remains valid,” he added.
“Much as it is the obligation and desire of this office to implement all orders of court, the fact that the orders have been issued after the authority meeting has taken place and resolution for removal has been passed, this makes the orders unenforceable. I am, however, taking steps to have the order discharged”.
In a related development, the government yesterday criticised the High Court ruling that gave Lord Mayor Erias Lukwago a lease of political life, questioning its applicability.
In a statement issued after the ruling, Kampala Minister Frank Tumwebaze, who chaired the council meeting on Monday that impeached the mayor, wondered how Justice Yasin Nyanzi could uphold an interim injunction against an impeachment that had already happened.
“While I respect the ruling of Justice Nyanzi giving an order to me to stop the convening of a KCCA meeting as well as implementation of the tribunal report until an administrative review application is heard, I am only wondering how practicable this ruling is,” said Mr Tumwebaze.
He added: “How do you implement an order that seeks to stop an activity that has already taken place, both his interim order given today (yesterday) and the earlier one purported to have been given on Monday and which was served to the AG in court at 10 o’clock, exist after the authority meeting of November 25, 2013, had taken place.”
Earlier, the Daily Monitor had asked KCCA whether would still go ahead and strip Mr Lukwago of his entitlements as announced on Tuesday. But KCCA spokesperson Peter Kaujju said the matter was now in the hands of the Attorney General.
“That is no longer a KCCA issue . It is now a matter against the government of Uganda and it has been referred to the Attorney General for further management,” said Mr Kaujju.