The High Court in Kampala has deferred the ruling for Kawempe North Member of Parliament Muhammad Ssegirinya’s election petition case to 2nd September after the Electoral Commission and Sulaiman Kidandala’s lawyers disagreed on whether the legislator had been served or not.
Kidandala’s Lawyer Kenneth Paul Kakande told presiding Judge Henrietta Wolayo that Ssegirinya was indeed served through substituted service.
“The petition is still pinned at the High Court Civil Division Twed Towers in Kampala,” Kakande told the Judge.
Kakande further told Justice Wolayo that efforts to personally serve Ssegirinya at Kitalya prison were not successful because the defendant refused to receive the petition.
“The Deputy OC in charge of Kitalya prison also declined to acknowledge service on Ssegirinya’s behalf,” Kakande further told court.
The Electoral Commission lawyer, Edwin Tabaro also asked the Court to have the matter investigated.
“The electoral commission hopes that the court will pronounce itself on whether or not Ssegirinya was served as the Law requires.”
On the otherhand, Kidandala accused Ssegirinya of conniving with some top government officials to frustrate his election petition against him.
“Everyday I interface with top government officials who ask me to let go of the case,” Kidandala told the media on Thursday after the Court hearing.
In March this year, Ssegirinya was sued along with EC by his political nemesis Kindandala for allegedly forging academic documents which facilitated his nomination and subsequent election as a legislator.
In his election petition, Kindandala seeks to nullify Ssegirinya’s election for lack of Ordinary and Advanced Level papers- the requisite minimum academic qualification for one to contest as an MP.
According to Uganda National Examination Board (UNEB), Ssegirinya submitted documents that belong to Sarah Nampiima at O-level while at A-level, he submitted documents that belong to Maureen Nabadda.
In a letter dated March 17, 2021, Peter Anywar, writing on behalf of the executive secretary UNEB Dan Odongo, noted: “We have checked in our records and our findings are as follows; Candidate U005/054(2017) is Nampiima Sarah who sat at Mengo secondary school, not Ssegirinya Richard sitting at Pimbas secondary school,” he noted.”
However, in their response, the EC said Kidandala was not entitled to any of the reliefs sought because Ssegirinya’s nomination and election was conducted in compliance with the provisions and principles laid down in the Electoral Laws of Uganda.
According to the affidavit of Barbra Mulimira, the Returning Officer of Kampala Electoral District; at the time of nomination, Ssegirinya presented a duly filled nomination form accompanied by academic qualifications of UCE(Senior 4) and UACE ( Senior 6) both in the names of “Ssegirinya Richard” from Pimbas Secondary School and a Deed Poll for changing of names from “Ssegirinya Richard” to “Ssegirinya Muhammad”.
“The nomination, Election and gazetting of Ssegirinya by the Electoral Commission as MP Kawempe North Constituency in Kampala was done in accordance with the law having found him possessing the minimum qualification of Advanced Level and duly registered as a voter and fulfilment of other nomination requirements,”the returning officer noted.
Mulimira contended that Segirinya was lawfully and validly nominated, elected, declared and gazetted as winner of the said Election having been found dully academically qualified and obtaining the highest number of votes cast.
Do you have a story in your community or an opinion to share with us: Email us at editorial@watchdoguganda.com
