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Court Dismisses Election Petition Against Katerera County MP

In the ruling read by the acting Deputy Registrar Mbarara High Court, Samuel Twakire, Justice Moses Kazibwe Kawumi dismissed the petition because it was not supported with a valid affidavit.
Kato Muhammed the cureent Membepr of Parliamnet Katerera County

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The High Court Mbarara on Tuesday dismissed with costs, an election petition challenging the election of Muhammed Kato as Member of Parliament for Katerera County constituency in Rubirizi District.

Mohammed was declared the winner with 12,213 votes against his brother and former MP Katoto Hatwib's 9,302 votes. 

Katoto petitioned the court challenging Mohammed’s victory on grounds of lack of academic qualifications to contest as a Member of Parliament, intimidation, ballot stuffing and bribery. 

However, Muhammed’s lawyer Obed Mwebesa objected to the petition contending that the affidavit accompanying the petition was commissioned by a commissioner for oaths whose practicing license had expired by March 17 2021 when he purported to have commissioned the affidavit.

He further argued that the affidavits were not in compliance with section 3 of the illiterates’ protection Act (CAP 78) noting that an impression that the witnesses did not appear before a commissioner of oaths. He asked the court to dismiss the petition with costs.

In the ruling read by the acting Deputy Registrar Mbarara High Court, Samuel Twakire, Justice Moses Kazibwe Kawumi dismissed the petition because it was not supported with a valid affidavit, noting that no valid intervention can be premised on section 14A of the advocates Act to bring around what is regarded as a nullity under the law.

He dismissed the petition with costs to both counsels of the respondents.

Katoto, after the ruling, said he was disappointed with the court noting that he will not appeal.

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Muhammed said that he was ready to reconcile with the brother noting that politics should not create hatred.

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