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Katikamu South Petition: Sserwanga Withdraws Petition Against EC

Through his lawyer Hadson Katumba, Sserwanga asked the court presided over by Justice Margaret Apiny to accept his withdrawal filed before the court on 8th September 2021.
Alex Nathan Sserwanga, one of the petitioners in the Katikamu South parliamentary election petition has withdrawn his petition against the Electoral Commission.

Through his lawyer Hadson Katumba, Sserwanga asked the court presided over by Justice Margaret Apiny to accept his withdrawal filed before the court on 8th September 2021.

His lawyers did not give a reason for the withdrawal but noted that the Parliamentary Elections Petitions rules of 2006 provide for alternative resolutions. He said that Sserwanga and the Electoral Commission entered a consent withdrawal agreement.

"The petitioner (Sserwanga) and the respondent (EC) agreed to have the matter withdrawn and file a notice of consent withdrawal and the court is nearby moved to enter the same as consent judgment," said Katumba before Justice Margaret Apiny accepted the same.

Sserwanga had sued the Electoral Commission for failing to include his name on the final Declaration form of results yet he was nominated and elected.

His case was consolidated with that of Patricia Magara who sued Hassan Kirumira and the Electoral Commission challenging Kirumira’s victory citing election irregularities. Although the cases were consolidated, Justice Apiny declined an application by Magara and Sserwanga to amend their application to re-align with the new facts following the consolidation.

Justice Apiny ordered the petitioners to have their affidavits re-administered after original ones were sworn before an unlicensed Commissioner of Oaths. The justice ordered that the content of the affidavits should not be changed and that petitioners should file to court and serve to the respondents the re-administered affidavits by 7th September 2021.

On Thursday, Ronald Ruhinda, the lawyer representing Hassan Kirumira and Twaha Kabuye for the Electoral Commission told the court that the Sserwanga had defied court orders and served the respondents with the administered affidavits late.

They said that they had been served on Wednesday 8. They also told the court that the petitioner had introduced new affidavits while other witnesses’ affidavits were removed yet the court had ordered that the content of the affidavits should not be changed. They asked the court to dismiss the re-administered Affidavits saying the acts of the petitioner was contempt of court.

However, the petitioner's lawyer Julius Turinawe told the court that he had been ambushed into a trial. He says while lawyers of the respondents wrote to court raising the matter made submissions on the same before the court, he was not notified. He asked the court to grant him time to respond.

The justice adjourned the matter to Saturday 11th September 2021.

Magara who contested on the National Resistance Movement-NRM ticket alleges that Ssenabulya Alex Nathan was put on the ballot paper yet he was not nominated as a candidate in the elections. She argues that the Electoral Commission made glaring errors and false entries into the Declaration Forms which had a significant impact on the final results.

The Electoral Commission declared Hassan Kirumira of the National Unity Platform as the winner of the January 14th elections having polled 21,197 votes against 8,132 votes garnered by Magara who came second. 

Other candidates were Alfred Muwanga who obtained 9,798 votes, Abubaker Kalume who got 6,528 votes, Edward Ssembatya Ndawula got 1,659 votes, George Ssemakula 554 votes and Ssenabulya Alex Nathan had 297 votes.