Bukenya Loses Court Petition

Appeared in The New Vision on 10 Aug 2011

FORMER Vice President, Prof. Gilbert Bukenya has no presidential immunity and therefore must stand trial over the CHOGM vehicles procurement process, the Constitutional Court ruled this morning.

Bukenya lost the Constitutional petition in which he had sought to block his prosecution citing presidential immunity, unequal treatment with other Ministers with whom he said he carried out the CHOGM decisions and the Acting IGG illegally charging him.

“We emphasise that immunity is a right or privilege given by law. It cannot therefore be inferred from language used.

There must be clear and unequivocal expression conferring that right of privilege… Had the promulgators of the 1995 Constitution so wished, they could have, with ease, used similar language.

Thus no one else, not even the President who delegates or assigns duties can grant that immunity to anyone else…,” the five Justices unanimously ruled.

Bukenya’s lawyers said that they will consult with him to decide whether they will appeal against the ruling. They acquired the ruling to study it

In July, the Constitutional court halted the criminal proceedings against Bukenya at the Anti-Corruption Court, pending the hearing and determination of his Constitutional petition challenging the proceedings.

Bukenya argued that when he was Vice-President, he was mandated to do whatever he did for this country on behalf of the President.

The petition followed criminal proceedings instituted against Bukenya by the Inspector General of Government, Raphael Baku.

Baku alleged that while chairing the ministerial sub-committee, he illegally influenced the procurement of the vehicles.

Bukenya was also seeking a declaration that he was unconstitutionally treated when he was charged of wrong doing for decisions collectively taken as a committee.