The former Kampala Deputy Lord Mayor ran to court seeking to overturn Ssegirinya’s victory in the January 2021 parliamentary elections on grounds that he lacks the minimum advanced level academic qualifications for election as members of Parliament.
Sulaiman Kidandala, the former Kawempe North Parliamentary candidate has filed an application seeking an order to
recover the visitor’s book at Kitalya Prison to confirm that he served his rival, Muhammad Ssegirinya with his election petition.
He wants the High court to order the prison authorities to make discovery and inspection on oath of the
books and documents related to the registration in the visitor’s book at the quarter
guard and main entrance of Kitalya prison dated April 1, 2021.
He also seeks an order directing the Electoral Commission to produce the authority
given by the Commission to one of his lawyers, Hamidu Lugoloobi to swear an affidavit in an application seeking to
strikeout his petition on grounds
that he failed to serve Ssegirinya.
The former Kampala Deputy Lord Mayor ran
to court seeking to overturn Ssegirinya’s victory in the January 2021 parliamentary
elections on grounds that he lacks the minimum academic qualifications for election as a Member of
Parliament. At the time of filing the petition, Ssegiranya was at Kitalya prison, which prompted his lawyers of Alaka
and Company Advocates to obtain an order for substituted service to serve him
Last week, the Electoral Commission lawyers filed an application seeking to dismiss the
petition on grounds that Ssegirinya was never served at all, adding that
Kidandala’s legal team have never stepped in Kitalya to effect service. It's against this background that Kidandala
wants the government and prison officers to produce the visitor’s books
to confirm that one of his lawyers Fred Kato went there but neither Ssegirinya
nor Prisons acknowledged receipt of the petition.
"That the respondent being a statutory
creature is responsible for the administration of prisons matters and transactions
and is mandated to keep all documents relating to people who visit the prison
which are in his or her exclusive possession", reads the application. He adds that there is sufficient evidence that
the documents/books in issue exist and are in possession, custody or power of
the respondents which have not been disclosed”.
In a related development, Salim Sserunkuma
who came fourth in the Kawempe North MP race has also applied to join the
petition. Through his lawyers led by Ibrahim Mwanje, Sserunkuma argues that he will be prejudiced
if at all court grants Kidandala’s prayers to be declared the legitimate winner of the elections.
There was drama when the Judge said all these matters should be
consolidated and gave parties a break for 20 minutes to do so. The
team of lawyers comprising EC, Eric Sabiiti, Kidandala’s team comprising Samuel
Muyizzi Mulindwa and Kenneth Paul Kakande and Sserunkuma’s lawyer, Ibrahim
Mwanje returned shortly after
the break, saying the issues are complicated and can’t be consolidated.
The Attorney General was not represented. Muyizzi told the court to first dispose of
Sserunkuma's application, which will determine whether
or not he joined on the petition. Following this submission, Lady Justice Henrietta Wolayo told the
lawyers that they misunderstood what she asked them to do before the
According to the Judge, she directed them to go
for mediation and see if they can settle matters outside the court and adjourned the matter to
September 3rd 2021 for the lawyers to
report on the progress of their talks. Speaking
to journalists outside the court, Kidandala's lawyers led by Kenneth Kakande said settling the matters of
Ssegirinya's academic qualifications
the outside court is impossible.