Through his lawyers of Kabega, Bogezi and Bukenya and Co Advocates, Walusimbi says Justice Wolayo erred in fact and law when she ruled that Wakayima possessed the minimum academic qualification for election as Member of Parliament whereas not.
Nansana Municipality MP Hannington Wakayima Musoke Nsereko
Hamis Musoke Walusimbi has listed nine
which he wants the Court of Appeal to nullify the victory of his rival and Nansana municipality member of
parliament, Hannington Musoke Wakayima Nsereko.
Walusimbi ran for the Nansana municipality parliamentary
seat and lost to Wakayima. He came second last after garnering 744 votes while Wakayima, who ran on the National Unity Platform
ticket collected 67,862
Walusimbi rejected the final results and petitioned Kampala
High Court listing eight grounds
for his discontent. He, however, abandoned seven
grounds and decided to challenge Wakayima's victory
for lack of academic qualifications.
cited discrepancies in the
names of Wakayima’s academic documents. He argued that some of the documents had Hannington
Wakayima Musoke while others carried Musoke
Hannington. He also said that the
voter's register has
Hannington Wakayima Musoke Nsereko.
As such, Walusimbi asked the court to nullify Wakayima’s victory, saying that the
person who was elected as Nansana Municipality MP doesn't have the minimum
academic qualifications to be in Parliament.
However, on September 22nd, 2021 Kampala High Court
Henrietta Wolayo dismissed Walusimbi's petition and declared Wakayima as
the duly elected Nansana Municipality member
of parliament, saying that the petitioner had failed to prove that his rival lacked the required academic qualification for election as a member
Judge Wolayo ruled that Wakayima possesses the Uganda Certificate of Education-UCE, Uganda Advanced Certificate of Education-UACE, and a diploma in Secondary
education from ITEK. Dissatisfied
with Justice Wolayo’s decision,
Walusimbi has decided to process to
the Court of Appeal.
Through his lawyers of Kabega, Bogezi, and Bukenya
and Co Advocates, Walusimbi says Justice Wolayo erred in fact and law when she ruled that
Wakayima possessed the minimum academic qualification for election as Member of
Parliament whereas not.
Walusimbi further contends that the judge also erred in fact and
law when she held that Wakayima Nsereko is the same person as Musoke
Hannington who sat Ordinary Level at Old Kampala Senior Secondary School and
obtained UCE and UACE certificates.
He also faults the trial Judge for holding
that the academic documents that Wakayima presented to the Electoral Commission
for nomination were his own and failure
to properly evaluate the evidence on record thereby arriving at
a wrong conclusion.
He further states that the Judge erred in fact and
law when she held that by swearing a deed poll Wakiyama legalized his adoption of the academic
documents of Musoke Hannington whereas not. He wants the Court
of Appeal to set aside the High court decision
and order fresh Parliamentary elections in Nansana Municipality.
When contacted, Wakayima’s lawyer, Richard Latigo, said that Walusimbi’s appeal
was filed outside the stipulated 14 days. He said they intend to ask Court
to strike the appeal out of the court record. This is the second time Wakayima's victory is
being challenged in the Court of Appeal.
2017, the Court of Appeal threw Wakayima out of Parliament, arguing that while he was nominated as Hannington Wakayima Musoke Nsereko, the name was not on the voter's register. The court observed that the registered voter
was Musoke Hannington Nsereko.
same court ruled that the discrepancies
in Wakayima's names indicated that he also lacks the minimum academic qualifications. To correct the mistake, Wakayima executed a deed poll denouncing the many order of his names that landed him in
trouble and maintained Wakayima Musoke Hannington Nsereko.