The head of Civil Division of High Court Justice Michael Elubu has stayed the hearing of an application filed by Ntungamo Municipality MP Gerald Karuhanga and his Erute South Counterpart Jonathan Odur challenging the manner in which Mmbers of Parliament allocated themselves 10 billion Shillings for the Covid-19 activities.
Justice Elubu made the decision on Tuesday, pending the determination of a similar case that is before the Constitutional Court, which was filed by two concerned citizens Prosper Busingye and Grace Tushemeriwe.
The duo is seeking a declaration that the process leading to the allocation of 10 billion shillings to the MPs was illegal and in violation of the parliamentary rules of procedure as well as the constitution.
In his ruling, Justice Elubu noted that although the case before the Constitutional Court was filed by different parties, it arises out of the same case and thus the need to halt the High Court proceedings since the constitution has supremacy over any law in the country.
Adding that any question of interpretation of the same in regards to the actions of Parliament would, therefore, take precedence in the said circumstances.
He further explained that this is being done to avoid any inconsistencies in their decisions as the outcome of the Constitutional Court has a direct bearing on all the questions raised in the case of MPs Karuhanga and Odur.
Karuhanga and Odur through their lawyers of AF Mpanga and Company Advocates dragged the Parliamentary Commission and the Attorney General to the High Court in April, challenging the procedure leading to the allocation of 10 billion shillings meant for Covid-19 activities.
