Africa-Press – Uganda. The High Court in Kampala on Tuesday dismissed a poll petition that was challenging the election of Kawempe North MP, Mohammed Ssegirinya on technicality.
Justice Henrietta Wolayo in her ruling observed that there was no proof of effective service on Mr Ssegirinya, who at the time was being held at Kitalya government prison.
According to the judge, the non-service of the election petition on Mr Ssegirinya, meant that there was no election petition before her challenging his January 14 election, before striking off the same from the court record.
“In summary, having found that the officer in charge (OC) of Kitalya prison did not endorse the notice of presentation of the petition, there was ineffective service. Applying the principle to the instant case, it goes against the strict application of the special procedures under the Act for me to extend time for service of the petition,” ruled Justice Wolayo, whose decision was read out by registrar, Agnes Alumu.
“In the premises, the petition is rendered redundant for non-service and is struck off the record. For the reasons that this petition was a non-starter, each party shall bear their own costs of this application.” the judge further ruled.
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The poll petition had been brought against Mr Ssegirinya (NUP) by Mr Suleiman Kidandala Serwadda, a fellow opposition politician.
The ruling of the court arose out of an application by the Electoral Commission, in which it had sought dismissal of Mr Kidandala’s petition, citing failure to serve Mr Ssegirinya with the same petition as the election laws demand.
The EC relied on the affidavit of Mr Felix Muyiga, the OC of Kitalya government prison who denied service on Mr Ssegirinya and denied witnessing the said service.
Mr Kidandala and his lawyers had argued that he had served the poll petition on Ssegirinya in prison and also on the court’s noticeboard.
The Parliamentary Elections Rules stipulate that service of the election petition shall be personal while Rule 6 (5) permits the court to direct service by substituted service under order 5 of the Civil Procedure Rules.
During the January 14th parliamentary elections, the EC returned Mr Ssegirinya as the winner of Kawempe North elections with 41,197 votes while Mr Kidandala garnered 7212 votes.
Mr Kidandala had challenged Mr Ssegirinya’s victory, citing lack of academic qualifications of senior six or its equivalent.
The lawyers of Mr Kidandala shortly after the ruling led by Mr Paul Kenneth Kakande, said they are going to appeal before the Court of Appeal as they were dissatisfied with the ruling, claiming there was sufficient proof of service on Mr Ssegirinya.
Mr Ssegirinya was not in court to receive the good news as he had returned to Masaka Central Police Station for further interrogation by detectives alongside his colleague, Allan Ssewanyana (Makindye West) on allegations of being behind the recent spate of killings by machete welding goons in Greater Masaka region.
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