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High Court Rejects 50 Affidavits in Lwengo LCV Election Petition

Balikuddembe, a candidate of the National Unity Platform-NUP had sought leave of the court to submit additional evidence to support his petition to the effect that Kitatta, the National Resistance Movement-candidate connived with the Electoral Commission to rig elections in Lwengo.

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The High Court in Masaka has rejected 50 affidavits filed in a petition challenging the election of Lwengo District Chairperson Ibrahim Almalik Kitatta, on grounds that the applicant, Joseph Balikuddembe, filed them out of time.

Balikuddembe, a candidate of the National Unity Platform-NUP had sought leave of the court to submit additional evidence to support his petition to the effect that Kitatta, the National Resistance Movement-candidate connived with the Electoral Commission to rig elections in Lwengo.

Although the hearing of the petition started on Tuesday this week, the petitioner through his lawyer Paul Kwesiga had applied to the Court today, to allow them to submit another 50 affidavits which they wanted to use as evidence to prove their case against Kitatta. They told the court that many of their witnesses had delayed swearing affidavits in support of the petition due to transport challenges raising from the COVID-19 restrictions.

However, the court turned down the prayers on grounds that it was too late for the petitioner to bring new affidavits. The Presiding Judge Lady Justice Ester Nambayo said that allowing new affidavits after commencement of the hearing of the main petition is tantamount to taking the court to a fishing expedition which will most likely frustrate the hearing. 

Justice Nambayo ruled that the petitioner had adequate time within which he could arrange all the preferred supporting affidavits. However, Balikuddembe opposed the high court ruling and said he would challenge it in a higher court. He said that the new affidavits are of great significance to the petition.

//Cue in; (Luganda) “tulina empapula....  

Cue out....ngenda kujulira.”// 

Speaking to journalists after the court session, Kitatta said that they are going to ask the court to dismiss the election petition in totality, arguing that the petitioner has repeatedly failed to adequately prepare for his challenges throughout the entire election process.

//Cue in; “oludda oluwabi...

Cue out.....banna lwengo."//

According to the official tally by the Electoral Commission Kitatta won the polls with 24,821 votes, beating Balikuddembe  who come second with 18,614 votes.  

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