By Sania Babirye
Hearing of the application seeking for leave to officially withdraw Robert Kyagulanyi’s presidential election petition has been adjourned until its gazatted.
Chief justice Alifonse Owiny Dollo has informed Kyagulanyi’s legal team led by Medard Ssegona that according to the rules governing Election petitions, the said petition must be received by the court’s registrar who publishes a notice of intention to withdraw the petition and since Kyagulanyi’s legal team filed their application today, the gazetting had not been done.
The Chief justice adds that that if it is gazetted by Friday, the said application will be heard on Monday next week.
Justice Dollo has given Kyagulanyi’s lawyers up to today to file their second affidavit explaining that the law requires that in addition to the affidavit by Kyagulanyi, to support his application, his lawyer must also file an affidavit which Ssegona did not do.
He also ordered all parties including the respondents to file their affidavits by Saturday emphasizing that the process is meant to see that all the necessary legal process of withdrawing an election petition as it is in hearing an election petition is followed.
This morning Kyagulanyi’s lawyers officially applied for leave to withdraw the said petition on grounds that their client believes that he was not going to get justice he was seeking.
Kyagulanyi cites incidences like denying him to amend his petition and bring in fresh evidence, kidnapping, torturing and arresting his witnesses among other alleged injustices.
Kyagulanyi further faults three justices on the panel including the chief justice of biasness due to his close relationship with president Museveni including being a lawyer to President Museveni in the 2016 presidential Petition by the then Forum For Democratic change presidential candidate Rtd.col. Kizza Besigye.
On Tuesday, Justice Alifonse Owiny Dollo declined to recuse himself from hearing and determine the said election petition after city lawyer Male Mabirizi accused him of being biased on the same reasons and having met president Museveni at state house in Entebbe in an alleged secret meeting which he called unethical.