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Court Rejects Application to Dismiss Petition Against Sironko Woman MP

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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.
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Justice David Matovu has dismissed with costs an application by Florence Nambozo, the Sironko Woman Member of Parliament to dismiss a petition challenging her victory.

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 among others.

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 the petition. 

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.

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