Parliament of Uganda

This follows the Supreme Court affirmation of an earlier Constitutional Court ruling that ordered the speaker to suspend all MPs currently campaigning on a different political ticket than the one they were elected into the 8^th parliament, because they should have resigned before crossing to different political camps or becoming Independent.

Over 77 MPs have been affected, including 10 ministers and 7 who decided not to compete after losing primaries in the parties they crossed to.

The Spokesperson of Parliament, Helen Kawesa said on Monday the Speaker has written to all affected MPs explaining to them that they lost their seats in the 8^th parliament the moment they got nominated on either a different political party than the one they currently represent, or decided to run as Independent MPs.

But this is the kind of letter that Sekandi, a Senior Lawyer should have written to the MPs at their mid November nominations, to at least save them from the current situation where the affected MPs have to refund all monies earned since they crossed.

Kawesa said he speaker ordered the affected MPs to be struck off the MPs payroll, and the office of the Clerk to parliament is still compiling the exact amount each MP is supposed to refund.

The Constitutional Court in a case filed by George Owor against NRM flag bearer for Budama North constituency William Okecho ruled that MPs with a political party or Independent should have resigned their seats before nominations to change to other political parties or as independents.

The See full Constitutional Court ruling

The affected MPs are still awaiting the Supreme Court decision on whether their nomination for the current 2011 elections was null and void as ruled by the Constitutional Court, following an appeal by Okecho.

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The Constitutional Court ruled on Tuesday that it is illegal for Independent MPs to compete in the current elections on any party ticket, and it is illegal for MPs currently representing parties to compete as independents and remain serving MPs.
“It would be a betrayal of the people who elected you and an exhibition of the highest form of political hypocrisy and opportunism. It is also an exhibition of political indiscipline and abuse of peoples sovereignty,” the five justices led by Deputy Chief Justice of Uganda, Elizabeth Mpagi-Bahigeine ruled.

Beti Olive Kamya of Uganda Federal Alliance being nominated at Namboole on Monday

The five judges panel including Amos Twinomujuni, Steven Kavuma, Augustine Nshimye, and Stella Arach-Amoko ruled unanimously that any independent MP should have vacated their seat before being nominated to contest on a political party ticket, and those representing political parties should have vacated their seats before being nominated to compete as independents.

“… you cannot, in a multiparty political system, continue to represent the electorate on a party [or independent] basis in Parliament while at the same time offering yourself for election for the next Parliament on the ticket of a different political party or as an independent, ” the judges said in the ruling delivered by the court’s registrar, Asaph Ruhinda Ntengye.
The Court said their nomination in the current elections in null and void. The ruling has affected over 70 MPs, including nine ministers.

The ruling that has come just 15 days to the Election Day on February 18^th has caused ripples in both the ruling National Resistance Movement and opposition political parties.

Several politicians today weighed in on the land mark ruling arguing that an appeal that can overturn the ruling is ideal for both the government and the opposition.

The ruling followed a Constitutional judgement in a case filed by George Owor against the Attorney General and William Okecho, the NRM flag-bearer for the West Budama North Constituency, arguing that Okecho’s dual status as an independent MP and NRM flag-bear was in contravention of the Constitutional provisions.

This judgement implies that all MPs who are competing on a different ticket that the one in which they are currently elected in Parliament are doing so illegally because they did not resign their seats before nomination. The court says such MPs should not retain their seats in Parliament because they abused the electoral process and constitution.

Oketcho who was the major subject of the court case says the rulling should be overturned or “it will overtun the electoral process in Uganda, affecting over 70 MP contestants including a Presidential candidate Beti Olive Kamya”.

Sam Njuba, MP on FDC ticket says the judgement is set to affect the opposition as it is the ruling party and should be appealed to ensure the candidature of many politicians continues.

List of MPs and Ministers affected by the Constitutional Court ruling

Sitting NRM MPs running as independents

1.Fred Mukisa
2.Urban Tibamanya
3.Asuman Kiyingi
4.Henry A. Bagiire
5.Nsaba Buturo
6.Isaac Musumba
7.Simon Ejua
8.Jennipher Namuyangu
9.Charles Ngabirano
10. Abura Pirir
11.Peter Mutuluuza
12.Kasole Bwerere
13.Nalugo Ssekiziyivu
14.Rose Munyira
15.James Kubeketerya
16.Kyeyago Jowali
17. Ashraf Olega
18.Joseph M. Sibalingana
19.Thomson Kyahurwenda
20.Stephen Kaliba
21.Joseph K. Muyomba
22.Herbert Sabila
23.Silver Bahane
24.Tress Buchanayandi
25.Kahwa E. Amooti
26.Guma Gumisiriza
27. Bukeni Gyabi
28.Gordon Ssematiko
29.Loi Kiryapawo
30.Mukose Mutabali
31.Julious Baryejjusa
32.Badhul Katongole
33.Sam Otada
34.Peter P. Ochieng
35.Beatrice Magoola
36.Ruth Tuma
37.Margaret Muhanga
38.Kabonesa Ssekitoleko
39.Eudia Kwizera
40.Sauda Mugerwa
41.Wangwa Rutangye
42.Joyce Kwebiha
43.Pherry Sabano
44.Olive Wonekha
45.Jackie Kyotuhaire

Crossed to other parties

1. Omara Atubo from Indep to NRM
2.Beti Kamya from FDC to UFA
3.Michael Mabikke from DP to SDP
4.Cecilia Ogwal from Indep to FDC
5.Peter Nyombi from Indep to NRM
6.Isaac Ssejjoba from Indep to NRM
7. Betty Amongi from Indep to UPC
8.Anne Auru from Indep to NRM
9.Barumba Rusaniya fromIndep to NRM
10.Rebecca Amuge from FDC to NRM
11.William Okecho from Indep to NRM
12. Charles Oleny fromIndep to NRM
13.Oleru Hyuda fromIndep to NRM

Sitting FDC MPs running as independents

1.Alex Onzima
2.Charles Willy Ekemu
3.David Alex Pennyto
4.Akbar Godi
5.Michael Nyeko
6.Rhoda Acen

Sitting UPC MPs running as independents
1.Prof Willy Anokbonggo
2.Isha Otto

DP MP running as independents
1. Erias Lukwago

The government through the Attorney General is set make a formal response to the case, while the Speaker of Parliament Edward Kiwanuka Ssekandi who was ordered by the court to implement the ruling said he will make his response on Wednesday.

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