High court judge Henrietta Wolayo has ruled that the Minister in charge of Kampala Hon Betty Kamya is at liberty to appear or skip the cross examination in a matter where Lord Mayor Erias Lukwago is accusing her of interfering with his work and usurping his powers
“When a party swears an affidavit in a matter before court, he/she may appear voluntarily but cannot be compelled,” ruled the judge.
The ruling followed failure once again by minister Kamya to appear before court for cross examination by Lukwago’s lawyers on the affidavit she swore defending her conduct
Kamya has been giving various reasons with the recent being that she was attending a cabinet meeting.
Today, her lawyer MC Dusman Kabega informed court that no reason has been raised requiring the minister to appear for cross examination since most of the points being raised are matters of the law.
In reply, Lukwago’s lawyers led by Chrysostom Katumba asked court to compel her to appear in court and explain why she intervened in Authority meetings called by the Lord Mayor, why she insists that Kampala must be governed by the central government, and whether she has powers to convene meetings with Urban council Mayors and Councilors
Lukwago claims his mandate to serve as the duly elected mayor of the city has been usurped by Kamya who even took a decision on the 23rd / January 2018 to suspend council meetings where deliberations and decisions on how to govern the city are made
In Lukwago’s case before High court he alleges that Kamya stalled the council meetings on grounds that they are illegal and no longer relevant to the city, a decision that Lukwago describes as irrational and unreasonable .
Lukwago seeks orders to quash Kamya’s decision regarding the legality of Council meetings and another decision that subjects all his travels as the Lord Mayor to a “ministerial permit,” which he claims is an infringement and abuse of his rights and freedoms .
The matter was adjourned to 30th August 2018.