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Former Kyenjojo Woman MP Appeals Against Election Petition Ruling

On September 8, Justice Victoria Katamba dismissed the petition on grounds that Baguma didn't have an accompanying affidavit to support her petition as provided for in the law.
The Case is before the Court of Appeal in Kampala.
The former Kyenjojo Woman MP Spellanza Baguma Muhenda has appealed the High Court ruling dismissing her petition challenged the victory of Faith Kunihira.

Baguma dragged Kunihira and the Electoral Commission on grounds that the parliamentary polls were marred by irregularities.

On September 8, Justice Victoria Katamba dismissed the petition on grounds that Baguma didn't have an accompanying affidavit to support her petition as provided for in the law.

Her affidavit accompanying the petition was also administered before an unlicensed Commissioner of Oaths. However, she applied to the court to allow her re-commission the affidavits before a licensed commissioner of oaths, however, Justice Katamba denied her request.

In her appeal, Baguma has listed five grounds. She says that the judge erred in law and fact when she denied her application to re-administer the oath.

According to Baguma, the Judge also misinterpreted provisions in section 14A of the Advocates Act that provides a remedy to a petitioner whose affidavits were administered by an unlicensed commissioner of oaths.

Baguma adds that the decision to dismiss her application due to the mistakes of the advocate was harsh and excessive and adds that the justice wrongly emphasized a quick trial at the expense of resolving the election petition which occasioned a miscarriage of justice.

She wants the appellant court to set aside Justice Katamba's judgement and order a re-trial of the petition by a different and "impartial" judge.

Baguma has also petitioned the Principal Judge asking that the court shares with her a copy of the judgment made by Justice Katamba.

In a letter dated September 21 addressed to the Principal Judge, Baguma through her lawyers says that the court did not give her a copy of the ruling and upon follow-up with the court clerk, she learnt that the copy on-court record isn’t signed.

The clerk advised Baguma to ask for a signed copy from the judge’s Assistant.