Kahonda wants the Constitutional Court to interpret for him what amounts to dishonesty and also issue a permanent injunction restraining the electoral body, its agents from determining any complaints against him based on his conviction.
Kahonda's lawyers leading him to Court
Ruhinda South Member of Parliament Retired Captain Dononzio Mugabe
Kahonda has petitioned the Constitutional Court seeking to block the Electoral
Commission from determining any complaint seeking to nullify his nomination as
the NRM flag bearer for Ruhinda South Constituency Court.
In September, a voter from Ruhinda South Godfrey Kahonaho petitioned
the EC to disqualify Kahonda from the parliamentary race on grounds that he was
convicted of Impersonation and sentenced to nine months in 2017 by Jinja Chief
Magistrate and therefore he is not fit to be a Member of Parliament.
Under Article 80 of the Constitution and Section 4 of the Parliamentary
Elections Act, a person is not qualified for elections as a Member of
Parliament if that person has within the seven years towards the election been
convicted by a competent court on a crime involving dishonesty or moral
But Kahonda who was convicted three years ago, in the petition through his
lawyers Caleb Alaka and Evans Ochieng says the Chief Magistrate John Francis
Kaggwa who convicted him did not clarify that the crimes of impersonation with
which he was convicted involved dishonest or moral turpitude.
He says the acts of EC sitting and determining the complaint involving the
interpretation of articles 80(2)(f) of the constitution by section 15 of the
Electoral Commission Act to determine whether the offences on which he was
convicted involved dishonest and moral turpitude is inconsistent with several
articles in the constitution.
He further argues that currently in Uganda there is no law which defines and
gives a classification of offences along the lines of dishonest and moral
turpitude and in absence of such a law the Electoral Commission can't
disqualify a candidate basing on the said article of the constitution and
sections under the Parliamentary Election Act and the Electoral Commissions
Kahonda wants the Constitutional Court to interpret for him what
amounts to dishonesty and also issue a permanent injunction restraining the
electoral body, its agents from determining any complaints against him based on
In 2015 Kahonda was charged with 14 counts related to Impersonation
and forgery of several academic documents in the name of Dickson Mutabazi some
of which he had reportedly used to join Jinja military Academy on November 11
He was also found guilty of forging a medical examination form,
UPDF declaration form, a record of his fingerprints, attestation papers and
opening an account number before Post Bank with intentions of defrauding the
The trial Chief Magistrate convicted him on 11 counts and
acquitted on three counts.
The Constitutional Court Registrar Mary Babirye has already
summoned Electoral Commission and the Attorney General who are listed as
respondents, in this case, to file their defence within ten days after
receiving a copy of Kahonda’s petition.
Kahonda gained popularity when he defeated the current minister of East African
Community Affairs retired Maj General Kahinda Otafiire for the Ruhinda County
MP seat in 2016.
Kahonda had previously filed a relatively similar case in the
Kampala High Court but he withdrew it.