Court sets new dates for hearing Mawokota North election petition
The latest development follows a verbal application by Kiyaga's legal team led by lawyer Medard Lubega Sseggona, who requested court for permission to first access crucial documents from the first respondent in this case (Kyambadde).
Mawokota North Member of Parliament (centre) leaving court with her supporters. (Photo by Simon Ssekidde)
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The Mpigi High Court, presided over by Justice Jameson Karemani has set October 6 and 7, as the fresh dates on which it will formally begin hearing the election petition filed by former Mawokota North Member of Parliament Hillary Innocent Kiyaga alias Dr Hilderman, who is challenging the victory of the current area Member of Parliament, Amelia Kyambadde.
Kiyaga sued Kyambadde alongside the Electoral Commission. The latest development follows a verbal application by Kiyaga's legal team led by lawyer Medard Lubega Sseggona, who requested court for permission to first access crucial documents from the first respondent in this case (Kyambadde).
This, Sseggona said, will avail his client the official documents that Kyambadde received from the electoral commission and the declaration of results forms on which she was declared winner of the January 15 elections.
"We had agreed in our closed-door engagement with counsel from the respondents' side to furnish us with vital documents and they should do this by closure of business tomorrow. While it's true that this matter was coming up for scheduling today, the production of these documents is going to be a huge stepping stone for our case," Sseggona said.
Anthony Bazira, the lawyer representing Kyambadde, did not oppose Sseggona's request in principle, but urged that it be formally submitted in writing to ease compliance.
Justice Karemani guided the legal teams that any inter-party agreements regarding requested materials must be formally brought to the attention of the court.
Consequently, court laid down a strict timeline for submission of all requested documents and final submissions in writing from all the parties involved in this fresh application. Justice Karemani guided that by closure of business on September 22, Kyambadde's legal team should have furnished the applicant with the requested documents. By September 27, the judge noted that Kiyagga's legal team should have filed their response in writing.
" I expect all the sides to have finished making rejoinders by September 29, and then I will give you the ruling on September 30, which will be delivered to you via your emails," Justice Karemani, said before he adjourned the matter to October 6, for the official start of the hearing of the election petition.
Earlier application dismissed
This new twist and scheduling came shortly after Justice Karemani dismissed with costs an earlier application by Kiyaga, where he sought to compel the Electoral Commission to release vital materials used in conducting the elections and declaring the results for the Mawokota North constituency.
Kiyaga also wanted the Electoral Commission officials in Mpigi to produce certified true copies of the official report book and accountability of ballot paper forms for several parishes and wards, and also the declaration of results forms that were sealed in the ballot boxes used in various polling stations within the constituency.
He contended that these documents were essential to his petition, which centers on allegations of illegal alterations, falsification and manipulation of the declaration of results forms. However, the presiding judge threw out the application with costs.