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Former Kisoro LCV Chairman Drops Election Petition Against Rival

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On August 26th, 2021, Mutabazi applied to the high court withdrawing the application, which was granted by the Kabale High Court Assistant Registrar, Julius Chaka Borore on Monday.
Abel Bizimana (in a white face mask) with Milton Bazanye Mutabazi after sceduling meeting (Photo Credit Samuel Amanya)

Audio 4

The former Kisoro District  LC V Chairperson, Milton Bazanye Mutabazi has withdrawn his election petition against his national resistance movement-NRM party rival, Abel Bizimana. Mutabazi lost to Bizimina in the LC V chairperson polls held on January 20th, 2021.

He garnered  13,234 votes against 55,567 votes polled by his rival. Mutabazi rejected the poll results and petitioned the High court through his lawyers of Matovu Katerega and Company Advocates demanding the nullification of Bizimana’s victory on grounds that he used forged academic documents.

But he claimed that during his nomination, Bizimana presented a transcript of a Master’s Degree in Health Science from Uganda Martyrs University yet there is evidence that he did not complete Advanced Level as well as a Bachelor’s degree. However, on August 26th, 2021, Mutabazi applied to the high court withdrawing the application, which was granted by the Kabale High Court Assistant Registrar,  Julius Chaka Borore on Monday.

Chaka ordered both parties to meet their own costs of the suit. Shortly after the court decision, Mutabazi told our reporter that he decided to drop the petition in the interest of peace in Kisoro district but didn’t divulge details. Bizimana welcomed Mutabazi’s decision to withdraw the petition and described it as a great achievement. 

  //Cue in; “ I have mixed…

Cue out…won twice.”//

Rukiga//Cue in; “mazima erizooba nshemereirwe…  

Cue out…tutambuze kisoro.”//

He also revealed that they had several reconciliation meetings mediated by political elders for fear that the clash between the two could fuel division among voters. According to Bizimana, however much he wanted Mutabazi to pay him damages, he has to respect the court decision and forgiven him.

//Cue in; “I have missed…  

Cue out…my papers.”//

 

Rukiga//Cue in; “kandi munywani wangye…

Cue out: …obwe namusasira.”//

During the scheduling meeting at  Kabale High court on August 19th, 2021, Justice Phillip Odoki rejected Mutabazi’s application to summon Education Ministry officials and administrators from Uganda Martyrs University to confirm the authenticity of Bizimana’s academic documents. 

Mutabazi’s lawyer, Akram Matovu  of Matovu Katerega and Company Advocates had asked the court to summon top officials from MOES and the National Council for Higher Education to appear before the court to defend the legitimacy of Bizimana’s academic credentials. 

He also asked the court to summon Uganda Martyrs University top management to explain why they admitted Bizimana to pursue a Master’s degree yet he had no Bachelor’s degree. He also said that the University needs to explain how Bizimana was admitted to the university in 2007 and graduated in 2008. 

However, Bizimana’s lawyers Solomon Sadam and Alex Kibandama of Ortus Africa Advocates asked the court to reject the application, saying that the trial of the election petition is only based on evidence that was filed but not cross-examination. 

 

They also said that Mutabazi and his lawyers had not indicated their decision to summon officials from the education ministry and Uganda Martyrs University in their affidavits before the court.  On his ruling, Justice Phillip Odoki rejected Mutabazi’s application and promised to give the reasons in the full judgement. Mutabaizi’s lawyer went asked leave of court to file additional affidavits to pin Bizimana, which was opposed by his lawyers.