The Masaka High court has dismissed an application by former Defence minister Vincent Bamulangaki Ssempijja to extend the time for filing an election petition challenging the victory of National Unity Platform (NUP) candidate Yusufu Kiruluuta Nkeretanyi in Kalungu East. The decision, delivered by deputy registrar Roy Karungi on behalf of justice Joyce Kavuma, leaves Nkeretanyi's election as the constituency's member of parliament intact. Ssempijja had sought more time to gather evidence of alleged irregularities that affected the election's credibility.
The court found that Ssempijja had failed to provide sufficient grounds for extending the statutory deadline and that his petition was filed outside the 30-day period following the gazetting of the election results. The court also held that it lacked jurisdiction to extend the deadline, warning that allowing such applications could open the door to abuse of election petition timelines. Ssempijja had contested the seat on the National Resistance Movement (NRM) ticket and had earlier sought a recount of the Kalungu East votes before the Masaka Chief Magistrate's court.
The recount process ran into complications after two ballot boxes were found to have been tampered with, and the magistrate advised Ssempijja to seek a remedy before the High court through an election petition. Ssempijja then filed his petition on April 2, a day after the expiry of the statutory 30-day period. In his application for an extension of time, Ssempijja argued that the evidence he sought to assemble would demonstrate irregularities in the election and support his challenge to Nkeretanyi's victory.
Nkeretanyi was declared the winner of the January 15 parliamentary election with 15,473 votes against Ssempijja's 13,219, giving him a margin of 2,254 votes. Nkeretanyi has denied involvement in any irregularities and has disputed the allegations raised against his election. The Electoral Commission's declaration of Nkeretanyi as the winner had been challenged through proceedings before the Masaka Chief Magistrate's court, where Ssempijja sought a recount, alleging errors in the tallying of results.
The court initially ordered a recount of the ballots, but the process was marred by complications. Following the High court ruling, Nkeretanyi said he was relieved that the legal challenge had been brought to an end and that he could now concentrate on serving his constituents without interruption. He has previously dismissed allegations that irregularities affected his victory, arguing that the purported evidence against him was manufactured.
Ssempijja's petition was dismissed due to his failure to file it within the statutory timeframe, and the court warned against abuse of election petition timelines. The ruling upholds Nkeretanyi's victory in the Kalungu East constituency. The decision brings an end to the legal challenge against Nkeretanyi's election, allowing him to focus on his parliamentary duties.
The outcome of the case confirms Nkeretanyi's position as the member of parliament for Kalungu East, with the court's decision bringing closure to the election dispute. The case highlights the importance of adhering to statutory timelines in election petitions and the challenges of addressing allegations of irregularities in the electoral process.
Key points
- The Masaka High court dismissed Vincent Ssempijja's application to extend the time for filing an election petition challenging Yusufu Nkeretanyi's victory in Kalungu East.
- The court found that Ssempijja had failed to provide sufficient grounds for extending the statutory deadline and that his petition was filed outside the 30-day period.
- Nkeretanyi was declared the winner of the January 15 parliamentary election with 15,473 votes against Ssempijja's 13,219.
