By Ezrah Kashumbusha.
MBALE, May 06, 2024 | The High Court in Mbale has declared that local government councils must obtain clearance from the Attorney General before entering into any agreements. Justice Lubega Farouq, presiding over the case, emphasized that failure to do so renders such contracts illegal.
While acknowledging that local government councils possess autonomy in managing their affairs as body corporates, Justice Lubega emphasized their status as entities performing delegated functions of the central government. He referenced Regulation 2(1) and (3) of the Local Government Regulations of 2007, which mandates individuals holding political or public office at the district level to seek technical or legal advice from the Attorney General before directing the use of public funds or property.
The ruling emerged from a case involving Mbale District local government’s dispute with Samuel Wegoye advocates over a consent agreement dated April 12, 2023. The local government sought to set aside the agreement, which obligated them to pay the law firm 382 million shillings in legal fees. The court upheld the local government’s argument that the services were procured without complying with legal requirements.
This decision sets a precedent for local governments across the country, highlighting the importance of adhering to legal protocols and seeking appropriate approvals before engaging in contractual agreements. By affirming the role of the Attorney General in providing oversight and guidance, the court’s ruling aims to ensure accountability and safeguard public funds.
