Former East African Legislative Assembly (EALA) member Fred Mukasa Mbidde has raised serious legal concerns over Uganda’s ongoing process to elect representatives to the regional parliament, warning that the exercise may be based on a fundamental procedural error.
“If you declare my seat vacant when I am still serving, that amounts to dismissal,” Mbidde noted.
He criticised Parliament for what he described as a “blunder,” arguing that the decision to proceed with the elections was made without consulting the East African Community Council, a key organ responsible for guiding such processes.
“Parliament made a blunder by relying on a unilateral decision without first consulting the East African Community Council,” he said, adding that the omission has created a legal impasse.
At the centre of the dispute is whether legitimate vacancies exist to justify fresh elections to the East African Legislative Assembly. Mbidde argues that under the East African Community Treaty, EALA seats can only fall vacant under specific conditions such as expiry of term, resignation, or death.
According to him, none of these conditions have been met for the affected representatives, making the declaration of vacancies legally questionable.
He further cited Uganda’s Elections Act, saying it clearly distinguishes between eligible voters and eligible candidates in EALA elections. He argued that members of a Partner State’s parliament, who are mandated to vote in the process, may not simultaneously qualify to contest or serve in EALA.
“Those who are eligible to vote cannot, in the same breath, be eligible to contest or serve in EALA,” he said.
Mbidde also pointed to a jurisdictional challenge, noting that interpretation of the EAC Treaty falls under the mandate of the East African Court of Justice, not national courts.
He warned that pursuing the matter within Uganda’s legal system could create conflicting precedents and expose the government to litigation.
He cautioned that the current situation could trigger multiple legal petitions, including claims of unlawful dismissal and loss of earnings by affected EALA members.
To resolve the impasse, Mbidde called for immediate intervention, including the possibility of halting the election process, seeking formal resignations where necessary, or referring the matter to the East African Court of Justice for authoritative interpretation.
He also urged the Attorney General to urgently provide legal guidance, warning that failure to address the issue could undermine Uganda’s obligations under regional law and cast doubt on the legitimacy of the election process.
