While addressing the media at the Democratic Party – DP headquarters in Kampala on Tuesday, Mao said denial of bail to the accused and continuous incarceration by the State was a violation of their right guaranteed by Article 23 (6) of the 1995 Constitution and was ‘no longer prosecution but persecution.
Before the ruling, Richard Birivumbuka, the Masaka Resident Chief State Attorney on behalf of the Director of Public Persecution-DPP asked to withdraw their affidavits that sought to challenge the legislator's earlier bail applications.
Richard Birivumbuka, the Masaka Resident Chief State Attorney told the court that three of the principal witnesses have notified him of the imminent threats on their lives from the suspect’s family and pleaded for security before they can testify in the matter.
Ssentaayi, a member of the National Resistance Movement-NRM party, emerged as the winner of the January 14, parliamentary polls with 12,882 votes ahead of the independent candidate Olivia Mugabe who polled 6,115 votes. But Mugabe challenged the outcome of the polls on grounds of voter harassment, bribery, and intimidation of polling agents.
Nalubega ran to court challenging Kinyamatama’s nomination by the Electoral Commission on grounds that she was not a registered voter anywhere in Uganda, which disqualifies her from being nominated and subsequent election for any elective position.
In a ruling delivered on Tuesday by Masaka High Registrar Agnes Nkonge, court declined the application filed by Wills Mbabazi Bamwesigye. Bamwesigye was seeking permission to further challenge Namayanja's election on academic grounds and irregular nomination by the Electoral Commission.
Justice Katamba downplayed the objections by the state and granted a cash bail of 20 million shillings for each of the two MPs and each of their sureties also bonded on 100 million shillings noncash.
Besides holding onto the presumption of innocence until proven guilty, the two MPs are said to be suffering from serious health complications that cannot be managed well in prison facilities.
Justice Ketra Katunguuka dismissed the petition due to a lack of substantial evidence to prove the allegations against Nandagire. According to Katunguuka, Tushemerirwe failed to tell the court who her rival bribed.
Justice Nakintu held that a High Court has no jurisdiction to re-appraise a decision of the Court of Appeal, adding that her court could also not act to pre-empt the office of the DPP on how to conduct their proceedings.
Balikuddembe has withdrawn the petition citing a lack of enough evidence to sustain the petition. According to Balikuddembe, his petition was frustrated by a court ruling that denied him permission to submit additional evidence to support his complaints.
Balikuddembe, a candidate of the National Unity Platform-NUP had sought leave of the court to submit additional evidence to support his petition to the effect that Kitatta, the National Resistance Movement-candidate connived with the Electoral Commission to rig elections in Lwengo.
Christine Ndiwalana Nandagire, who contested on the National Unity Platform-NUP ticket was declared the MP for Bukomansimbi North constituency. However, her election is challenged by the former area MP and National Resistance Movement
Namayanja, who ran on the National Unity Platform-NUP party ticket, won the polls with 28,824 votes against the petitioner who emerged third with 2,421 votes. Dissatisfied with the poll results, Bamwesigye ran to Masaka High Court seeking among other things the nullification of the election on grounds that the Electoral Commission contravened the laws governing elections.
“The defendant obtained letters of administration without waiting for the will, which is expected in July 2021 when the last funeral rites of the deceased will be held,” the plaint reads in part
Kiyimba had challenged the outcome of the January 14 Parliamentary polls stating that they were affected by numerical errors which cost him a well-deserved victory. According to the Electoral Commission, Kiyimba polled 6,684 votes, to finish the race behind the NUP candidate Twaha Kagabo who scored 8,883.
Court presided over by Justice Victoria Nakintu Katamba heard that Benon Kafeero a resident of Matetet trading center in Mateete Town council in Sembabule district defiled his 8-year-old daughter in November in 2015.
Namujju retained the NRM flag for the Lwengo Woman Parliamentary seat after defeating Dr Sarah Nkonge Muwonge with 46,491 against 28,474 votes. But Sarah Nkonge lodged a petition in Masaka High Court alleging that Namujju used academic qualifications owned by another person to secure her nomination.
Mbabali had petitioned the High Court to quash the guidelines issued by Local Government Minister Rafael Magyezi on June 30, 2020, to guide the operations of the new cities on grounds that they contravene the procedures set out in the local government act.
