During the hearing on Tuesday, Galisonga’s lawyer, John Isabirye explained that they filed their petition on March 24, 2021, and the first respondent filed their response on April 6, 2021. He noted that it was inappropriate for the respondents to file supplementary affidavits three months later.
Lady Justice Susan
Abinyo has dismissed 10 affidavits filed by Abdul Katuntu to defend his
election as the Bugweri county Member of Parliament on grounds that they were
filed outside the stipulated time. Lady Justice Abinyo delivered the ruling when the
petition filed by Katuntu’s rival, Julius Galisonga, the Forum for Democratic
Change-FDC candidate came up for hearing on Tuesday.
Galisonga dragged
Katuntu and Electoral Commission to court for allegedly orchestrating electoral
irregularities, which affected the outcome of the Bugweri county parliamentary
poll results. During the hearing on Tuesday, Galisonga’s lawyer, John Isabirye
explained that they filed their petition on March 24, 2021, and the first
respondent filed their response on April 6, 2021. He noted that it was
inappropriate for the respondents to file supplementary affidavits three months
later.
Abinyo, who adjourned the session to August 26, 2021, ruled that election
petitions are matters of public interest, which warrant adherence to all
procedures, to promote fairness and justice for all parties involved. Isabirye
argued that once the court allows the first respondent to file fresh evidence, he would
not stop to bring more affidavits before the court.
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Katuntu’s lawyer, Alfred Oryem expressed reservations about the court ruling
but he stressed that their defense team is on course to out rightly win the
petition.
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Meanwhile, Justice Issa
Sserunkuma has cleared Jinja South division East legislator, Nathan Nabeta to
file supplementary affidavits to support of his reply to the petition.
Sserunkuma directed both the petitioner and respondents’ lawyers to file written
submissions, which shall be expeditiously discussed during the next hearing on
September 16, 2021.
Alliance for National Transformation’s-ANT, Paul Mwiru filed a petition against the electoral commission and Nabeta, accusing them of conniving to deny him victory
during the January parliamentary elections.
“A section of
electoral commission officials connived with Nabeta to exaggerate the results
at Masese 1 polling station N-M, which greatly affected the final election
results” reads the petition in part. According to one of the declarations of
results forms exhibited before the court, Masese 1 polling station has 798 voters
and of these; Nabeta earned 650 votes whereas, Mwiru garnered 20 votes.
However, in his
affidavit, Mwiru argues that he earned 103 votes and Nabeta scooped 238 votes. He
claims that his agents were beaten and forced to append signatures on the fake
declaration of results forms. Nabeta’s lawyer, Ahmed Kalule stresses that
they delayed filing their replies to accord the petitioner enough time to
furnish court with enough evidence in support of the petition.
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Mwiru argues that the move to allow the respondents to adduce supplementary
affidavits is timely in ensuring fair dispensation of justice.