Why poll petitions are stuck in courts

24
Why poll petitions are stuck in courts
Why poll petitions are stuck in courts

Africa-PressUganda. The Judiciary had planned to commence hearing of the parliamentary election petitions at the beginning of May.

The Judiciary is behind schedule by one month in regard to hearing parliamentary and local government council election disputes that arose out of the January General Election.

This means that Members of Parliament, who could have fraudulently entered the august House, will stay there much longer and enjoy undeserved privileges.

The Judiciary had planned to commence hearing of the parliamentary election petitions at the beginning of May.

Records show that there are 104 election petitions that have been filed in courts across the country.

Likewise, there are 49 election petitions filed in local government councils pending hearing by the Judiciary.

The Judiciary public relations officer, Mr Jameson Karemani, attributes the delay to the non-remittance of funds by the Finance ministry.

“We have been waiting for funds from the Finance ministry but they haven’t come through yet. This ongoing delay, means the High Court will delay to dispose of the election disputes, which will lead to the delay by the Court of Appeal to also dispose of election appeals, if any,” Mr Karemani said yesterday by telephone. He further revealed that there are signs that the funds will soon be released and he was hopeful the judges will start hearing the long awaited petitions at the start of next month.

About a month ago, Mr Jim Mugunga, the spokesperson of the Finance ministry, said they had released the quarterly funds to the Judiciary and that the latter knows the procedures to follow in order to access it.

Section 63 (2) of the Parliamentary and Elections Act demands that once the hearing of an election petition starts, the judgment should be passed within 30 days.

The law provides for extension of the hearing period if there are unique circumstances.

Some of the legislators whose victory has since been challenged in court include Speaker of the 10th Parliament, Ms Rebecca Kadaga (Kamuli District Woman MP), Mr Muhammad Segirinya (Kawempe North), Mr Muhammad Nsereko (Kampala Central) and Mr Joel Ssenyonyi (Nakawa West).

The rivals allege voter bribery, lack of academic papers, election fraud and violence, and non-compliance with electoral laws, among others, as grounds for annulment of their various victories.

Legal hurdles

What law says

Section 63 (2) of the Parliamentary and Elections Act demands that once the hearing of an election petition starts, the judgment should be passed within 30 days. The law provides for extension of the hearing period if there are unique circumstances.

LEAVE A REPLY

Please enter your comment!
Please enter your name here