Former State Minister for Water Ronald Kibuule has filed a petition with the High Court in Mukono, seeking to have the defence filed by Mukono North MP Abdulla Kiwanuka struck out. Kibuule's lawyers argue that Kiwanuka's response and supporting affidavits do not meet the requirements of the law. The petition challenges Kiwanuka's election victory and seeks a recount of votes, citing electoral irregularities and malpractice.
Kibuule's lawyers, led by Frank Kandiho and Ivan Bwowe, raised a preliminary objection before Justice Godfrey Himbaza, arguing that Kiwanuka's response does not set out facts supporting his defence. Instead, it largely challenges the affidavit Kibuule filed in support of the petition. Kandiho also objected to an additional affidavit filed by Kiwanuka, citing that the election petition rules do not provide for its introduction in the manner it was filed.
Kiwanuka's lawyer, Chrysostom Katumba, requested time to respond to the preliminary objection, saying the defence had been taken by surprise. He asked for permission to file written submissions. However, Kandiho opposed the request, arguing that Kiwanuka's lawyers had been notified of the objection and that granting more time would delay the case.
Justice Himbaza adjourned the matter to Tuesday at 10:00am to allow Kiwanuka's lawyers to respond. Kandiho described the additional affidavit as "evidence smuggling" and maintained that both disputed documents should be struck out. The court will hear the defence response before determining the preliminary objection.
The petition was filed after Kibuule lost the Mukono North parliamentary seat to Kiwanuka. Kibuule is seeking a recount of votes and alleges electoral irregularities and malpractice during the election. The case is ongoing, with Kiwanuka's lawyers yet to comment on the preliminary objection.
The High Court in Mukono will determine the preliminary objection after hearing Kiwanuka's response. If the objection is successful, Kiwanuka's defence will be struck out, and the petition will proceed as unopposed. The case has significant implications for the Mukono North constituency, which has been embroiled in controversy over the election results.
The court's decision will have far-reaching consequences for the petition and the constituency. Kibuule's petition has sparked debate over the integrity of the election process in Uganda. The case will continue on Tuesday, with Kiwanuka's lawyers expected to respond to the preliminary objection.
Key points
- Kibuule's lawyers argue that Kiwanuka's response and supporting affidavits do not meet the requirements of the law.
- The court will hear the defence response before determining the preliminary objection.
- The case has significant implications for the Mukono North constituency.
