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Court Dismisses Mukono South Parliamentary Election Petition

“This left the Petitioner with no petition, no affidavits and no complaints for this court to determine. This finding renders all other preliminary objections and issues moot. In conclusion, I uphold the preliminary objection. The petition as presented before this court is incompetent and incurably defective and it is hereby struck out with costs to the respondents.” -Lady Justice Mukwaya
Justice Olive Kazaarwe Mukwaya has dismissed the election petition challenging the nomination and election of Mukono South Member of Parliament Fred Kayondo.

The petition was filed by one Wilson Male who  contested for the same position on the National Unity Platform -NUP ticket. Male had asked the Court to declare Kayondo’s nomination invalid for not possessing minimum number of registered voters supporting his candidature as required by law.

He also raised a ground that, Kayondo stated that his political party was Democratic party, with a hoe as its designated symbol but published campaign posters with NUP symbol of People Power. He accused Kayondo of bribery and instructing his agents to deface the opponent’s posters.

Male also faulted the Electoral Commission-EC for failing to verify the signatures of the registered voters and controlling the illegal activities of the police and army that hindered him from campaigning.

However, during the case scheduling, EC’s lawyer Hamidu Lugoloobi raised preliminary objection saying the entire petition was incompetent. He established before court that the advocate Fabian Aogon who commissioned the affidavits in support of the petitioner and his six witnesses had no valid practicing certificate.

Lady Justice Mukwaya directed that the preliminary objection be framed as the first issue for the court to determine. In her ruling sent via email, she upheld the objection before dismissing the petition.

According to her, it is only magistrates with powers and duties of commissioner of oaths who are not constrained by the rigours of annual renewals of practicing certificates as advocates doubling as commissioners for oaths.

“This left the Petitioner with no petition, no affidavits and no complaints for this court to determine," Lady Justice Mukwaya ruled. "This finding renders all other preliminary objections and issues moot. In conclusion, I uphold the preliminary objection. The petition as presented before this court is incompetent and incurably defective and it is hereby struck out with costs to the respondents.” 

Kayondo says the petitioner was just driven by other forces but it was not out of his will to petition court. He is happy that court has provided justice. 

Male, the petitioner says is still studying the judgment to decide whether to appeal or agree with the court’s ruling.

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