KAMPALA – A lawyer has asked the High Court to nullify the creation of 46 new constituencies, saying they are illegal under the existing laws.
In a suit filed before the High Court in Kampala on Monday, 17th August 2020, Mr Ben Muhumuza says the 46 constituencies were created by Cabinet without following the procedures laid out in the Local Government (Amendment) Act, 2013.
He says under the amended Local Government Act, the administrative level of county was abolished, rendering creation of new constituencies a nullity.
“That Local Government (Amendment) Act 5 of 2013 amended section 45 and 46 of the Principal Act which dealt away with a ‘county’ as one of the administrative units of the district,” Mr Muhumuza’s suit reads in part.
He adds that for counties to be created, the process must be initiated by the administrative level of a county, which is no longer existing.
Mr Muhumuza now wants to declare ongoing plans by the Electoral Commission to conduct elections in the new constituencies illegal and in contravention of the law.
He also wants a permanent injunction on the matter. Court has not set a date for the hearing of the case.
The Electoral Commission has said it needs Shs16b to conduct elections in newly created constituencies.
Justice Simon Byabakama last week said that the creation of constituencies, municipalities, town councils and sub counties by Government means that they have to carry out elections in those new areas which require more money than what had been budgeted for.
Previously, the Electoral Commission had indicated that it will need 796 billion to conduct the 2021 elections. However, the government was only able to provide about 640 billion. But this was before the coming of the coronavirus (COVID-19) whose prevention measures require a lot of sanitary facilities.