The High Court Justice Ms Lydia Mugambe, on Friday said the Kampala mayoral by-election cannot stand because it is based on an illegality.

The court therefore ruled that the by-election organised by the Electoral Commission (EC) to find a replacement of the embattled Kampala Lord Mayor, Erias Lukwago cannot take place until Lukwago’s petition challenging KCCA is concluded.

The EC has been organising a by-election supposed to take place on April 17, 2014.

Justice Mugamba said the Kampala Capital City Authority (KCCA) Executive Director, Jennifer Musisi erred by notifying EC of vacant Lord Mayor seat, yet the court order was in place.

She added that the Electoral Commission, Attorney General and Minister for Kampala acted n contempt of court by declaring the seat vacant.

On November 28, 2013, the court issued an order stopping KCCA Council from impeaching Lukwago but Frank Tumwebaze, the Kampala Minister refused the order.

The Court blamed the Attorney General, Peter Nyombi for not the government and KCCA the right advice on the impeachment.

“The same by-election cannot stand because it’s based on an illegality,” Justice Mugamba said.

The court has ordered the government, EC and KCCA all the costs to Lukwago.

Speaking to the press after the ruling, Lukwaso said the ruling was clear and they (KCCA and the Kampala Minister) should respect it.

Meanwhile, Lukwago plans to go back to his office at City Hall on Monday.