The High Court in Kampala has dismissed an election petition challenging the victory of Kawempe North Member of Parliament Muhammad Ssegirinya for lack of service.
In March this year, Ssegirinya was sued along with the Electoral Commission-EC by his political nemesis Sulaiman Kindandala for allegedly forging academic documents which facilitated his nomination and subsequent election as a legislator.
In his election petition, Kindandala asked Court to nullify Ssegirinya’s election for lack of Ordinary and Advanced Level of Education papers- the requisite minimum academic qualification for one to contest as an MP.
However, last month Court deferred the ruling for Ssegirinya’s election petition case after the Electoral Commission and 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.
On Tuesday, Justice Wolayo ruled that there is no evidence by Kidandala’s lawyers to prove that Ssegirinya was served as required by the law.
Wolayo however noted that despite a notice being put on the court’s notice board, Ssegirinya who was in prison was never served.
“This means there was ineffective service. Having found the petition redundant and non-starter for lack of service, it is struck off the record,” Justice Wolayo said in a ruling read by the court’s deputy registrar, Agnes Alum.
Ssegirinya is now the duly elected MP for Kawempe North.
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