Ssekandi Election Petition Files Missing

Justice Elizabeth Musoke of the High Court in Kampala has been accused of disappearing and hiding files containing an election petition against Vice President Edward Kiwanuka Ssekandi.

Last month, three voters Charles Samula, Robert Kasiita and Barbra Kabejja from Bukoto Central filed an application in Masaka High Court seeking the resurrection of the petition against the election of Ssekandi as Bukoto Central Member of Parliament.

In July this year, Jude Mbabaali, the DP parliamentary candidate for Bukoto Central withdrew an election petition against the VP. Mbabaali argued that JB Walusimbi, the Katikiro of Buganda and John Baptist Kaggwa, the Bishop of Masaka Diocese asked him to withdraw the petition to save the image of the Catholic Church.

But through their lawyer, David Tibusweke, the three voters claim that Jude Mbabaali erroneously withdrew his election petition. The voters contend that Mbabaali did not consult them before withdrawing the case and that Justice Elizabeth Musoke did not notify the High Court Registrar before withdrawing the petition.

Although the High Court is supposed to fix a date for the fresh hearing of the election petition, Masaka High Court Registrar Harriet Ssali has failed to peruse through the petition as the file can’t be accessed.

Ssali on Friday told URN that under unclear circumstances, Justice Elizabeth Musoke, the presiding judge went with all the files. She says court cannot resume the hearing on the new application because they have no copies of the files.

Ssali however denies media reports that the file went missing saying she is very sure Justice Elizabeth Musoke has got the files.

However, David Tibusweke, the lawyer for the applicants faults Justice Elizabeth Musoke for disappearing with the files.  He explains that since the case was handled in Masaka, all the files were supposed to be kept with the high court registrar.

He says he has written to Kampala High Court Chief Registrar to force Justice Elizabeth Musoke to surrender the files to kick start hearing of the petition.

Justice Elizabeth Musoke could not be reached for a comment. But Erias Kisawuzi, the Judicially Spokesperson has denied the disappearance of the file. Kisawuzi told URN that the file is available at the Civil High Court division in Kampala.

Kisawuzi accused the petitioners and their lawyer David Tibusweke of dragging Justice Musoke into politics. Kisawuzi however failed to explain circumstances under which the files were transferred to Kampala and why they are not being returned to Masaka.

He said he will contact the lawyers to discuss the election petition files.