By Frank Kamuntu
The High Court in Kampala has declared that the service award of 500 million shillings to the former Leader of Opposition in Parliament, Matthias Mpuuga, and 400 million shillings each to three other Commissioners was lawful but improper. The court said it was made possible by the negligence of the Clerk to Parliament.
The Finance Permanent Secretary/Secretary to the Treasury has therefore been directed to punish the Parliament Clerk within 12 months.
The three Commissioners who were each awarded 400 million shillings are Akampurira Prosy, MP, District Woman Representative, Rubanda County (NRM); Solomon Silwany, MP, Bukooli County, Central Bugiri District (NUP); and Prosy Afoyochan, MP, District Woman Representative, Zombo District (NRM).
The decision arises from a petition filed in May 2024 by a concerned citizen, Daniel Bwette, against the Parliamentary Commission.
In his petition, Bwette asked the court to declare the 500 million shillings to Mpuuga, and 300 million each to three other Commissioners under the guise of this being a so-called service award, illegal, oppressive, arbitrary, biased, high-handed, irrational, unfair, and therefore null and void.
In his August 12, 2024 ruling, Civil Division Judge Dr. Douglas Singiza said the ‘award’ was approved by Parliament and formed part of the budget presented by the Executive.
However, Dr. Singiza ruled that the Clerk to Parliament, as the accounting officer, has a special role in the budgeting process and should have detected mistakes in the budget since the service award is unknown in the payment system of Parliament and therefore improper. As a consequence, Justice Singiza ruled that the Clerk to Parliament was negligent.
He said under the law, Parliament cannot increase its emoluments even if it’s disguised as a service award without a motion by the Executive head or his representative, and therefore since it was done without the Executive, it was improper.
As a consequence, the Judge has ordered the Permanent Secretary/Secretary to the Treasury to institute disciplinary proceedings against the Clerk to Parliament within 12 months from the date of this ruling.
These come at a time when a section of legislators led by Lwemiyaga County MP, Theodore Ssekikubo are pushing for a censure motion with an aim of recalling the said four commissioners over this Shs1.7 billion Service Award.
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