Court asks Kidandala to Prove that he did Serve Ssegirinya with the election petition

Kampala High Court Justice Henrietta Wolayo has  ordered Sulaiman Kidandala to prove to Court that he did serve officially incumbent Muhammad Ssegirinya with his Election Petition challenging his victory for the Kawempe North Member of Parliament seat.

The case came up for hearing before Justice Henrietta,  however, the Electoral Commission  Lawyer Edwine Tabaro informed Court that  they are unaware of the said Election petition against Ssegirinya because the petitioner had never served him as the law requires.

He then told court that without Ssegirinya being served with  the said Election petition,  then, there is no case against his victory for Court to entertain. 

Tabaro informed court that they needed more time to investigate and find out if indeed Sulaimani Kidandala's Lawyers did serve Ssegirinya their Election petition through a substituted service, after, allegedly, failing to serve him personally in Kitalya prison where he was at the time.

 However, Kenneth Kakande , informed Court that they indeed did serve Ssegirinya with  the said Election petition through the substituted service after Ssegirinya declined to receive the said petition while in Kitalya government prison and the officer in-charge of the prison also declined to receive it on behalf of Ssegirinya. 

Kakande also failed to show Court were he indicated the said Information of failing to serve Ssegirinya in Kitalya prison or serving Ssegirinya through a notice pinned on the Court's notes board  by the registrar in their affidavit. 

This prompted the Judge to adjourn the matter to the 2nd of September to give Kakande time to prove that they did serve Ssegirinya. 

Neither Ssegirinya nor any of his lawyers were in Court since they believe that there is no case against his Victory in Court.

The law provides that if a petitioner fails to find the respondent, you can apply a substituted service and according to Kakande,  Court gave them two orders including pinning the notice of presentation on the Courts notes board that Kakande claims was done by the registrar of the Court and serving Ssegirinya in Kitalya prison, which they failed to do so.

Kakande further claims that they have reliable information that Ssegirinya is trying to fly outside the country to again evade being served .

In his petition, Kidandala wants Court to nullify Segirinya's victory for lack of academic papers.

Other MPs who have denied being saved officially include Kampala Central MP Muhammad Nsereko whose Lawyer told Court yesterday  that they have never been served and they were unaware of any Election Petition against his victory.