The Judge ruled that Wakayima's Uganda Certificate of Education, Uganda Advanced Certificate of Education and Diploma in Secondary Education from ITEK were duly verified by the issuing authorities and therefore valid.
The High Court in Kampala has dismissed with costs an election
petition filed against the Nansana Municipality Member of Parliament Wakayima Musoke
Wakayima's victory was challenged by his rival Hamis Musoke Walusimbi who
accused him of lack of academic qualifications and discrepancies in his
The Electoral Commission declared Wakayima who contested on the National Unity
Platform ticket with 67,862 votes as the winner while Walusimbi the petitioner
garnered 744 votes.
Walusimbi filed a petition against Wakayima and the Electoral
Commission raising eight grounds which he later abandoned and proceeded with
the ground of lack of academic qualifications.
Walusimbi through his lawyer Abbas Bukenya had told the court that Wakayima was
nominated yet he did not have the minimum academic requirement of an Advanced
Level of Education to be elected as a Member of Parliament.
Court further heard that Wakayima never swore a proper deed poll changing his
name adding that even the documents he relied on were sworn by a different
person in the name of Wakayima Musoke Nsereko Hannington. He also said
that his academic documents had not properly been verified by UNEB.
However, Wakayima who was being represented by lawyer Richard
Latigo and lawyer Hamidu Lugoloobi of the Electoral Commission asked the court
to dismiss the petition on grounds that he was nominated legally since he had
all the academic qualifications to be in Parliament and had since sworn a deed
poll to rectify changes in his name to indicate that the different names in his
academic documents all belonged to Wakayima.
On Tuesday, High Court Judge Henrietta Wolayo dismissed the
petition and ruled that Wakayima's Uganda
Certificate of Education, Uganda Advanced Certificate of Education and Diploma
in Secondary Education from ITEK were duly verified by the issuing authorities
and therefore valid.
" The first respondent/Wakayima published a deed poll that
retained his old names Musoke Hannington and adopted two other names Wakayima
Nsereko thereby fulfilling the requirements in the prescribed law and removing
the disparity that had been pointed out by the Court of Appeal", said by
Adding "lastly, no one has turned up to claim to be Musoke Hannington and
neither has anyone turned up to claim they know of Musoke Hannington who is
being impersonated by the first respondent/Wakayima".
According to Justice Wolayo, Walusimbi failed to satisfy the court
that Wakayima was wrongly nominated when he did not possess academic
"Now that the first respondent/Wakayima went through the
process of change of names by adopting the name of Wakayima Musoke Hannigton
Nsereko and renouncing all other names including Musoke Hannington, the
disparity between the two current names and the academic certificates has been
removed. It was never a question of validating academic documents
but it was a question of compliance with legal requirements for change of
name", she added.
Justice Wolayo has also noted that the said process did not take away the
fact that Wakayima was the same person as Musoke Hannington who is named in the
academic certificates and which names he retains.
To support her decision, the Judge relied on a case filed by Tinka
Bigirwenkya Beatrice against the Electoral Commission in 2011 where
the Court of Appeal held that the swearing of a deed poll does not make one
forfeit all rights attached to former names.
Justice Wolayo found ruled that Wakayima was lawfully
nominated because he was not only a citizen and a registered voter, but he also
possessed the required academic qualifications UCE and UACE for Member of Parliament.
Wakayima's lawyer Richard Latigo has said that there was nothing
big against his client because he had already sworn a deed poll ahead of the
elections and police investigated his documents and made a report to confirm
that all the papers he presented belonged to him.
In 2017, the Court of Appeal threw Wakayima out of Parliament
arguing that the name under which he was nominated Hannington Wakayima Musoke
Nsereko was not in the voter's register. The court observed that the
registered voter was Musoke Hannington Nsereko.
The same court ruled that such discrepancies in Wakayima's names
indicated that he also lacks the minimum academic qualifications and as such,
Wakayima had to make a deed poll later denouncing the previous five ways
he used to arrange his name to secure today's victory.
Wakayima has stated that his hope in the justice system has been