The Judiciary has come out to state that the legislators of Uganda have no power whatsoever to probe or demand for the review of previous court orders or rulings concerning parliament.

This came after the Parliamentary Accounts Committee demanded a probe into earlier court rulings and decisions in which the government lost to complainants and was requested to compensate them.

“No constitutional power resides in Parliament or committees to call for review or scrutiny of the decisions of courts of law. To do so would be for Parliament to constitute itself into an appellate body over decisions of courts and usurp such powers not vested in the legislature,” High Court judge Andrew Bashaija ruled in a judgment on Friday.

The PAC went ahead to request for documents, dates of trial as well as names of Judges and lawyers involved in the proceedings and rulings of this case. The committee has also gone ahead to sue the Attorney General together with the Solicitor General and Secretary of Treasury despite the Judiciary maintaining that such a move is illegal and seeks to compromise the powers of the Judiciary.

“This is not enough to satisfy some legislators who still believe that it is within the parliament’s mandate to review such rulings and procedures since it is indeed financed by the legislative branch. “I have not read the judgement but the only matters which Parliament cannot discuss are those where the contention is subjudice. Where the matter relates to accountability, Parliament has the powers to seek documents because it appropriates funds.” Said Mathias Mpuuga Masaka Municipality.

Justice Bashaija ruled the deliberations, discussions, and requisitions for scrutiny by PAC in the proceedings of August 22, 2019, in regard to payment of court awards and mandamus orders amounts to interference with the execution of court orders and are illegal and affront of the independence of the judiciary.

“A declaration doth issue that the directions, requisitions, orders and or decision by the chairperson of PAC in the proceedings to be availed details of mandamus payments for scrutiny and reviewing including case determination dates, lawyers involved, presiding judges of court awards amounts to interference with execution orders, is contemptuous, illegal, ultra vires, unconstitutional and a direct affront of the doctrine of separation of powers,” the court held.

The AG’s Opinion:

In his legal opinion to Finance PS Keith Muhakanizi on August 15, 2019, the Attorney General Mr. William Byaruhanga said properties, whose status has been pronounced by the court cannot be subjected to a further Parliament inquiry.

The Attorney General was responding to a letter by the Departed Asians Properties Custodian Board that is laying claim to Plot 98-104 Nakivubo Road, which belongs to Hajji Abdu Kasai, a businessman. He explained that the powers of the Departed Asians’ Property Custodian Board are governed by Section 4 of the Assets of Departed Asians Act Cap 83, which stipulates that the Board shall take over and manage all assets transferred to it by virtue of Section 13 of the Assets of Departed Asians Decree, 1973. He adds that the same Section 13 mandates the Board to discharge all the liabilities to it by this Act, collect all debts or other monies due to the departed Asian; and may sell or otherwise deal with such assets in the same way as the departed Asian may do.

However, he explains that the Expropriated Properties Act Cap 87 and the Expropriated Properties (Repossession and Disposal)(No.1) Regulations S.I 87-8 limit the involvement of DAPCB and the Minister of Finance to transfer property already allocated to a person and take it back to the former owner.

“Section 3 of the Expropriated Property Act Cap 87 provides; (J) Subject to this Act; the Minister shall have the power to transfer to the firmer owner of any property or business vested in the Government under this Act that property or business,” the Attorney General’s letter reads in part.

He adds: “Nothing in this Act shall be construed as empowering the Minister to Transfer property or business to a former owner unless the Minister is satisfied that the former owner shall physically return to Uganda, repossess and actively manage the property or business. Subsection (2) shall not apply to a former owner who jointly participates with the Government in the ownership and management of any property or business pursuant to section 5.”

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The memorial service of Kenya’s second and longest-serving president, Daniel arap Moi, is underway at Nyayo Stadium in Nairobi. It will be an inter-denominational service led by the Africa Inland Church (AIC).

President Uhuru Kenyatta who took charge of the funeral arrangements made an impromptu inspection of the Nyayo National Stadium on Sunday ahead of the service. He drove himself in a G Wagon Mercedes Benz and was accompanied by a lean security team.

Moi’s body lay-in-state at Parliament for three days from Saturday to allow for public viewing.Government officials said about 24,683 people viewed the body on Saturday and another 100,000 on Sunday. Monday was the final day for public viewing.

There was a heavy police presence outside the Lee Funeral Home and along the three-kilometre route from the Lee Funeral home, Valley Road, Kenyatta Avenue, Uhuru Highway and at Nyayo Stadium.At least 10 Heads of State will be in attendance at the memorial service. Dignitaries started arriving yesterday at the Jomo Kenyatta International Airport (JKIA) ahead of the state funeral service of Kenya’s second president.

The former president will be accorded full military ceremonial honours, which include conveyance of the body under escort in a gun carriage, accompanied by military musical honours and a 19 gun-salute. 5:00am:  Kenyans start streaming into Nyayo National Stadium in Nairobi for the memorial service of the former president Daniel arap Moi.

7:45am: Family of the late president Moi and some VIP guests make way to the venue of the memorial service.8:30am: Former president Daniel Moi’s body leaves Lee Funeral home for State House in Nairobi under heavy military security. President Uhuru to receive the body at State House.

9.15:  Procession making way to Nyayo Stadium. President Uhuru Kenyatta to lead the nation in the memorial service.9:50am: The procession is on Uhuru Highway making its way to Nyayo Stadium. Kenyans seated at the Nyayo Stadium waiting for the body to arrive.

10:00am: Deputy President William Ruto receives Rwandan President Paul Kagame at Nyayo Stadium.10:04am: President Uhuru Kenyatta and First Lady Margaret Kenyatta arrive at Nyayo Stadium. The National Anthem is sung.

10:15am: Cortege arrives at Nyayo Stadium for the memorial service. Pallbearers remove the casket from the gun carrier and match slowly in front of the guard of honor.10:30am: The service starts.11:00am: The deputy presiding Bishop of AIC- Kenya, Reverend Paul Kirui leads thousands of mourners in a word of prayer.11:20am: Moi’s son, Raymond Moi reads his father’s eulogy.12:15pm: Gideon Moi addresses Kenyans and dignitaries, says his father loved Kenyans and thanks mourners for supporting the family. “Throughout his service, he taught us to have tough feet but keep a soft heart, our father was a forgiving man.”

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Government has started airlifting pesticides following the invasion of Desert Locusts in some parts of Amudat, Nabilatuk and Nakapiripirit districts that share a common border with Kenya.

Upon confirmation of desert locusts in Kenya, government of Uganda through Ministry of Agriculture, Fisheries and Animal Husbandry has been preparing on how best to counter them. Last week Accountant General in the Ministry of Finance, Lawrence Ssemakula said Shs15 billion budget has been set aside as contingency to fight the spread of locusts.

The pesticides, manual and automatic pumps, are being packed and airlifted from Kololo ceremonial grounds. The pesticides include Fenitrothion 96 per cent low volume formulation, Malathion which is an organophosphate insecticide commonly used to control mosquitoes and a variety of insects that attack fruits, vegetables, landscaping plants, and Parathyroid insecticides.

The State Minister for Agriculture Aggrey Bagiire confirmed that locusts had entered the country on Sunday evening. He however said that there is nothing to worry since government has a stock of chemicals for spraying.

“The exercise requires a lot of water and they have asked the districts to avail their water bowsers and other equipment to support the fetching and delivery of water.” He said.

Originating from Yemen all through to the coast of Somalia, scientists believe harsh environment and the conflict in Yemen have denied the government there an opportunity to marshal efforts to contain the insects.

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