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Wakayima's Victory Challenged Again in Court of Appeal

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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.
02 Dec 2021 18:31
Nansana Municipality MP Hannington Wakayima Musoke Nsereko
Hamis Musoke Walusimbi has listed nine grounds, on 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 votes.  

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.

He 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 Judge, 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 of Parliament.

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. 

In 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.

The 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.

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