On Thursday, Justice Luswata however, argued that, since election petitions are matters of public interest, it was prudent to follow the right rules and procedures involved in serving such petitions, to avoid cases of prejudice. Luswata further directed the petitioner to serve the respondents’ lawyers with certified copies of the petition in two days.
The Jinja High Court resident judge, Eva Luswata, on Thursday has granted
Salamu Musumba substituted service.
Musumba applied for substituted service on claims that Kadaga or her
agents had declined to receive the petition in which she is accused of
involvement in vote-rigging and voter bribery during the recently concluded
parliamentary elections.
Substituted service in legal terms means that an applicant can
serve an accused person by leaving the documents with a designated agent, adult
in the recipient's home or place of work.
In her application, Musumba states that she attempted to serve the
petition to Kadaga at her known public office located at the Parliament of
Uganda but was busy, prompting her to apply for substituted service.
Salamu filed the application faulting the speaker of parliament,
Rebecca Kadaga for failure to receive the petition in which she is accused of
vote-rigging and voter bribery, during the recently concluded parliamentary
elections.
However Kadaga’s lawyer, John Mary Mugisha argued that their
client had discovered the petition through the media and decided to receive it
directly from the court registry.
Mugisha further stated that the application had lost merit since the
respondent had received the petition and replied to it accordingly therefore,
it would tantamount to wastage of court time if it had been granted.
On Thursday, Justice Luswata however, argued that, since election
petitions are matters of public interest, it was prudent to follow the right
rules and procedures involved in serving such petitions, to avoid cases of
prejudice.
Luswata further directed the petitioner to serve the respondents’
lawyers with certified copies of the petition in two days.
Salamu’s lawyer, John Isabirye says that the extended time will
enable them to effectively adhere to all the required rules while serving the
petition to the respondent’s lawyers.
//cue in: “yesterday we were…
Cue out…serve the petition,”
Salamu welcomed the ruling saying it is a clear indication that
the rules and laws of the country apply to all people irrespective of their
social status.
