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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