High court judge Michael Elubu has declined to reverse his earlier order to MPs to return the Shs10bn that they allocated to themselves.
A Kawempe Division Councillor Ramadhan Lukwago had petitioned the High Court seeking to reverse the decision saying it was erroneous as it seeks to authorize the judiciary to usurp the mandate of the parliament to appropriate resources.
However, Justice Elubu has stood his ground and refused to alter his ruling made on Wednesday last week to reflect the speaker’s guidelines issued to MPs to be in control of this money and spend it on COVID-19 related activities in their respective constituencies or districts.
According to Justice Elubu, his hands are now tied and the law does not permit him to revisit a matter that was concluded and final orders made.
In the light of this ruling, all MPs must return the money to either the parliamentary commission or deposit it to the National/ District COVID-19 Taskforce.
This ruling has been prompted by an application for review filed by parliamentary commission asking Justice Elubu to alter the language the judge used in the court order and replace it with the speaker’s guidelines.
Parliamentary commission lawyers also expressed concern that the order did not capture that the petitioner MP Gerald Karuhanga had to withdraw his application from the court .
Here the judge has disarrayed the parties’ fears and declared the application withdrawn but intimated to them that he will give them directions on how to proceed in the main case where MP Karuhanga is questioning the manner in which the said money was allocated to MPs.