Court stops election of law society KCCA councilor

Court has stopped the election of the councilor representing the Uganda Law Society(ULS) at Kampala Capital City Authority(KCCA), until the contention over the expiry of the term is resolved.

On Friday, the registrar of the civil division of the High Court in Kampala Alex Ajiji, issued an interim order halting the polls on the prompting of a petition filed by the ULS representative lawyer, Frank Kanduho.

The case arose on February 10, when Kanduho filed the petition against the Electoral Commission (EC).

This implies that the election that was slated for Monday has been cancelled until court gives a final pronouncement on the query.

"An Interim order doth issue retraining and or forbidding the respondent(EC) and or its agents/assignees and or district returning officers from carrying out nominations and or elections for purposes of replacing the applicant as a councillor representing Uganda Law Society to KCCA pending the hearing and determination of Misc.Application No. 47 of 2016," the order states in part.

Kanduho and his lawyer Albert Mukasa were present in court, while the EC was represented by its lawyer, Eric Sabiiti.

Kanduho asserts that he was elected for a five-year term which commenced on November 19, 2013, and expires on November 19, 2018. He polled four votes, against Harriet Magala's one vote.

In his affidavit in support, Kanduho demands a pronouncement that his term expires after the mandatory five years, as enshrined in section 76 of the KCCA Act.

He laments that exactly two years, two months and one day into his five year term, the EC, in a letter dated January 20, 2016, informed ULS of its decision to hold elections.

The letter notified the legal fraternity body to make arrangements for the impending elections.

Kanduho states that the KCCA executive director Jennifer Musisi, was categorical, when recommending him for account opening at Centenary Bank, with confirmation that his tenure expires November 19, 2018.

Prior on Friday, Sabiiti raised a preliminary objection, saying the petition was prematurely filed before exhausting the available channels as enshrined in section 15 of the EC Act.

"Under Section 15 of the EC Act, any complaint relating to electoral process must first be entertained by EC and this honourable court can only entertain it as an appeal," Sabiiti said.

But Kanduho and Mukasa responded that court interests itself with the fact of a pending threat that has to be arrested.

The next scheduled court appearance is on March 9.