Court dismisses MP Lubwama's application

MP Kato Lubwama (middle) shares a light moment with his lawayers Asuman Basalirwa (right) and  Luyimbazi Nalukoola before the High Court dismissed his oral application to halt the election petition hearing about his academic qualification. PHOTO/Francis Emorut

The High Court has blocked a move by the embattled Rubaga South MP, Paul Kato Lubwama, to appeal against an order, directing his voter to file an election petition challenging his academic qualifications.

In her ruling on Thursday, the Deputy head- Civil division, Margret Oguli - Oumo dismissed Lubwama's application on grounds that the application for leave to appeal against court's decision made orally is not tenable by law. 

Oguli further noted that the application for stay of execution of the decree entered in the application cannot stand because they are Interlocutory order.

 

Embattled Rubaga South MP Kato Lubwama (left) and councillor Musa Lusembo leaving the Court Appeal after the High Court dismissed his oral application to halt the election petition hearing about his academic qualification. PHOTO/Francis Emorut

Interlocutory refers to an order, sentence, decree, or judgment, given in an intermediate stage between the commencement and termination of a cause of action, used to provide a temporary or provisional decision on an issue.

"The orders of December this year can stand and the applicant can go ahead to file the petition," she directed.

On November 19, 2016, Oguli granted petitioner Habib Buwembo permission to file an election petition against Lubwama, challenging his academic qualifications within 30 days.

Buwembo accuses Kato Lubwama of not having a senior six or its equivalent that is required by the Electoral Commission for nomination and also having no senior four and Primary seven certificates because he failed them.

He contends that since Kato failed S.4, the diploma in music, dance and drama he attained from Makerere University is null and void because it had no basis and as such he has asked court to nullify his victory as Rubaga South MP.