By Sania Babirye
The Court of Appeal has this morning dismissed with costs an election appeal by NRMs Daniel Ibaale that was challenging the victory of FDC’s Abdul Katuntu as the Bugweri county member of parliament.
Three justices including the now out-going Deputy Chief Justice Steven Kavuma , Remmy Kasule and Richard Buteera have unanimously upheld the Jinja high court decision and confirmed that Hon. Katuntu is the validly elected Member.
In a ruling read by the deputy registrar Taddeo Asiimwe,the 3 justices ruled that Ibaale was seen leaving Ensulo lodge to go for nomination and this being a statement of fact, they is no way it could have defamed the candidature of Ibaale.
The justices also ruled that they could not order a recount because Ibaale did not prove enough evidence to warrant a recount.
The Court dismissed all the twelve grounds that Ibaale had appealed for, for lack of merit and ordered him to pay Katuntu costs of the petition for both in Jinja High court and court of Appeal.
In August 2016, Justice Margaret Mutonyi dismissed Ibaale’s petition on grounds that it lacked merit after he failed to adduce sufficient evidence to prove his allegations including defamation.
However being dissatisfied with the ruling, he appealed in the court of appeal.
He accused the judge of not allowing him a chance to file responses to Katuntu’s evidence, were he accused Katuntu of uttering defamatory statements against him during campaigns.
Ibaale had also alleged that Katuntu made defamatory statements to the effect that he was not fit for election as MP because he did not have a home in Bugweri county Consistency and emerged out of a lodge to go for nomination.
Ibaale had claimed that the said words belittled him before the voters to the benefit of Katuntu who was over overwhelmingly voted with a winning margin of over 30,000 votes.
By Wasswa Deo
Forum for Democratic Change Party spokesperson Ibrahim Semujju Nganda has said that if Museveni has failed to control his appetite for power, they will help him to do so.
Addressing journalists at the weekly press conference, Ssemujju revealed that he is in consultation meetings with other opposition political parties, religious leaders, civil society organizations and other stakeholders to come up with the applicable measures to prevent President Yoweri Museveni and his agents from amending the constitution, especially article 102 b, regarding the presidential age limit.
He noted that the party has already agreed that all members of parliament who will be found supporting the removal of Age Limit will become their target in the war to make them lose their positions in coming general elections 2021.
Ssemujju has appealed to the public also to join the struggle against lifting of the Presidential age limit and any other emerging plans by the ruling government that continues to violate the National constitution.
By Robert Segawa
Forum for Democratic change party agrees with sim card registration but has urged the government to give citizens more time to register before switching off their phones .
The party spokesperson Ibrahim Ssemujju Nganda said that Parliament must not keep quiet when people’s freedom is being suppressed by individuals instead must do anything possible to ensure that those whose sims cards were blocked are unblocked.
Ssemujju highlighted that many people use phones to get food and other necessities.
Last week government in its effort to tighten security in the country they blocked all sim cards which were not registered. The move has however seen registered and verified numbers switched off.
He calls upon government to extend the deadline again to help people have their sim cards on as they are register.
By Sania Babirye
FDC’s Sizomu Gershom Rabbi Wambedde has retained his Bungokho North Constituency seat in Mbale District.
This after three court of appeal justices led by deputy chief justice Steven Kavuuma upheld the Mbale High court ruling that declared that he was the validly elected area MP.
While dismissing the appeal the Justices ruled that the appeal lacked merit saying they did not agree with Mashete since Rabbi means “Teacher “of Jewish Law which tittle the MP acquired but does not mean a king of Jews as he had alleged.
NRM’s Mashete Magomu Peter challenged his victory on grounds that the MP Sizomu Gershom Rabbi Wambedde being a cultural leader, (rabbi) king of the jews did not have the right to contest for a political position.
Mashete had also accused MP Rabbi of lacking the requisite academic qualifications for election as MP of Bungokho North Constituency, having presented to the Electoral Commission verification letters from UNEB instead of his O and A level Certificates that he says we’re lost.
He has also been ordered to pay costs of the suit.
Photo Credit: Jewish Journal
By Sania Babirye
FDC’s Apollo Kantinti has lost his seat as MP for the Kyadondo East Constituency after the court of appeal three justices led by Richard Buteera’ Cheborion Balishaki and Paul Mugamba upheld high court judge Henry Kaweesa’s ruling that nullified his victory over noncompliance of the electoral laws on the side of the Electoral commission.
The justices ruled that the way EC conducted the elections substantially affected the result in a substantial manner on grounds that it was not clear on who won the Kyadondo East constituency election since results from 9 polling stations were not included in the final tally.
The justices further noted that over 5000 voters were de-enfranchised when their cast votes were not given the same weight like others in the final tally.
The court of Appeal has also ordered that fresh elections be conducted after declaring the seat vacant.
The court of appeal has also ordered that EC and Hon.Katinti pay costs to NRMs petitioner Sitende Sebalu.
In July 2016 High court judge Isabirye Kaweesa nullified Katinti’s election on ground that the Wakiso district returning officer Sarah Bukirwa did not comply with the electoral commission laws after declaration forms from seven polling stations went missing tan amounting to failure to protect voting materials that were in her custody.
This is after NRMs Sebalu filed an election petition contesting Kantinti’s election on grounds that the Electoral commission had conducted the said election in an improper manner.
However Hon.Katinti appealed the ruling on grounds that the trial judge did not evaluate properly all evidence that was brought before him when he cancelled his victory.
By Patricia Osman
Policy analyst Godber Tumushabe is advising the government to always involve residents in decision making when planning any redevelopment processes.
Responding to the recent eviction of over 1000 vendors form park yard market in Kampala,Godber says redeployment usually come with hard decisions however these should be made transparent and fair.
While deliberating on the Capital Gang show on Saturday, Tumushabe said, “as a country we should be brutally honest with ourselves as we assess the issues affecting this country.
During the same show gangster and legislator, Abdu Kantuntu expressed his disappointment saying these markets were formerly created for poor people but now the capitalist NRM is selling all these markets off to rich developers. Whom he expresses fear that they are upto make profit through rating these arcades that are being built in the City.
Katuntu also adds that redevelopment should come with transparency. The process should be done in light and the developers should be clearly known by the people.
By Robert Ssegawa
Opposition Forum for Democratic change has warned that the continued disrespect of court by the police could lead to mob justice.
This follows the arrest of Omusinga Charles Wesley Mumbere last Friday after he was granted bail by court.
FDC spokesperson Ibrahim Ssemujju Nganda says if law enforcers like the police continue undermining court orders, civilians will then resort to mob justice as they will also despise laws.