Supreme Court judge Dr. Esther Kisaakye has asked the judiciary leadership to design a uniform procedure on how someone can apply for stay of execution in a higher court after losing in the lower courts.

Dr. Kisaakye said this in a joint ruling where a panel of seven justices agreed to stay the execution of the judgment of the Constitutional court which declared that the six Members of Parliament (MP) representing the newly created municipalities in parliament illegal.

Kisaakye noted that it should be clear whether the applicant has to first receive a go ahead to apply for stay of the execution of the judgment from the lower court or run direct to the higher court without the permission of the lower court.

The defendant in the said applicant, former Bufumbira East Member of Parliament Eddy Kwizera challenged the applicant’s application to stay of the execution without the permission of the lower court.

In their ruling, justice  Kisaakye, justice Mike Chibita, justice Stella Arach Amoko, justice Opio Aweri, justice Lillian Tibatemwa, Justice Richard Buteera and justice Paul Mugamba directed that the affected legislators should stay in parliament until their matter is determined in the supreme court.

The learned justices noted that it will be an injustice to the MPs if court ruled against the applicants to vacate their seats.

They added that the appeal raised a matter of significant importance and it raised a serious constitutional and legal matter which must be interpreted by the higher court.

The justices also directed the deputy registrar court of appeal which also doubles as the constitutional court to speed up on the production of the record of the constitutional court relayed on when MPs are declared illegal in parliament.

The ruling excited the speaker of parliament Rebecca Kadaga and the entire house which has justice passed the judiciary administration bill 2018.

The affected members of parliament are Patrick Ocan of the Apac municipality, Dr. Elioda Tumwesigye of the Sheema municipality, Tarsis Rwaburindore Bishanga of Ibanda municipality,  Hashim Sulaiman of Nebbi municipality, Abrahams Lokii of Kotido municipality, and Asuman Basalirwa of Bugiri municipality.

Five justices of the constitutional court ruled that the affected members were in parliament illegally since they were not elected in the general elections or in a by-election.

The constitutional court added that it was Illegal for the Electoral Commission to organize an election without a request from the Speaker of parliament who has powers to declare vacant seats in parliament.

The court also noted that the Electoral Commission didn’t demarcated the boundaries of the controversial municipalities hence it was Illegal to organize an election in these places.

By Sengooba Alirabaki