Kadaga failed on her duty as Speaker – Mabirizi
Hearing of the petition challenging the constitutionality of last year’s amendment of the Constitution entered day three at Mbale High Court with petitioners continuing with arguments against the amendments.
In his submissions on Wednesday morning, petitioner Male Mabirizi Kiwanuka who is also representing himself accused Speaker of Parliament Rebecca Kadaga of failing to pay due diligence to the provisions of the law when she failed to honour the legal provision that requires that amendments which lead into a referendum, the second and third readings have to be separated by 14 sittings of Parliament.
“This affected the entire process and thus rendered it a nullity,” Mabirizi argued.
Mabirizi also told court that by introducing a clause for the restoration of term limits, Parliament overstepped it mandate.
“Parliament amended article 260(2) by adding to it clauses entrenching presidential term limits, which he says require a referendum. Article 259 provides for amendment by addition, which Parliament did to article 260, an entrenched constitutional provision,” Mabirizi argued.
Citing the Raila Odinga Vs Uhuru Kenyatta Presidential Election Petition 2017, Mabirizi argued that passing a Constitutional amendment is not only about numbers but the constitutionality of the process.
Erias Lukwago argued against the extension of the term of MPs and Local government leaders which he said was in contravention of Rule 117 (2) of the Parliamentary Rules of procedure which required Parliament to first secure a certificate of financial implication from the Ministry of Finance.
“Bringing the amendment of their (MPs) term of office which was not covered by the Certificate of Financial Implication brought a heavy implication on the Consolidated Fund. Parliament abrogated the provisions in Article 93,” Lukwago argued.
Turning to the Shs 29m given to each of the MPs for purposes of consulting on the the Constitutional Amendment Bill No.2 of 2017, Lukwago said that the act was in a fragrant violation of the law.
“The amount of money that was given to MPs for consultation was illegal, I hesitate to state that what is taken illegally amounts to theft. Even some MPS held these consultation meetings in bushes ,” Lukwago said.
The Kampala Lord Mayor further argued that MPs had a duty to consult their electorates even without the consultation money
“This is enough to pull down this law with all with all it’s provisions including the age limit,” he said.