On Wednesday, Nambozo through her lawyers of Wamukoota and Company Advocates asked the court to dismiss the petition on grounds that the late Enoc Samson Kyabakaya, who prepared Lumolo’s affidavit didn’t have a valid practising certificate by the time she administered the oaths.
Justice David Matovu has dismissed with costs an application by Florence Nambozo, the
Sironko Woman Member of Parliament to dismiss a petition challenging
Nambozo is struggling to defend her victory in Mbale High
court following a petition by her rival, Aisha Mafabi
Lumolo. Lumolo ran to the high court contesting the results of the poll on
grounds of electoral malpractices and voter bribery
She also claims that Nambozo lacks the requisite
academic qualifications to hold the position of member of parliament. On Wednesday, Nambozo through her lawyers of Wamukoota and Company Advocates
asked the court to dismiss the petition on grounds that the late Enoc Samson Kyabakaya, who prepared Lumolo’s affidavit didn’t have a valid
practising certificate by the time she administered the oaths.
They also claimed
that the petitioner neither signed the petition nor served their client.
However, Lumolo’s lawyers
led by Yusuf Mutembuli and Hassan Kamba objected to the application, saying Kyabakaya’s practising certificate was valid when he
administered the oaths.
They presented evidence to the court indicating that Kyabakaya obtained his certificate on March 5th, 2021 and administered the
oath on March 19th 2021 and not March 21st, 2021 as claimed by the defendant’s legal team.
In his 11-page ruling,
Justice Matovu overruled all the objections to the petition, saying that the court had observed that
the respondent was served, which is why she filled her defence to the petition.
He also noted that the court conducted an
investigation and found that Kyabakaya who commissioned the petition had a
valid practising certificate and that the counsel for the petitioner signed on
He, therefore, dismissed the petition
with costs and ordered Nambozo to meet the costs of the suit. Lumolo’s lawyer, Hassan Kamba welcomed the court's decision, saying that
they are ready to proceed with the main petition.
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Hearing of the matter has been set to begin on August 31st, 2021.
Kirinya Ayubu is the URN Bureau Chief of Elgon/Bukedi Sub Regions . He holds a Bachelors Degree in Mass Communication from Islamic University in Uganda and a Diploma in Computer Science and Information Technology from the same University.