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National Resistance Movement (NRM) candidate Jackline Birungi Kobusingye has withdrawn her election petition in which she was challenging National Unity Platform (NUP) candidate Harriet Nakwedde’s victory as Woman Member of Parliament for Kayunga District.
The matter was before Justice Godfrey Himbaza at the High Court in Mukono. Kobusingye had earlier sought a vote recount at the Chief Magistrate’s Court in Kayunga but her application was dismissed, prompting her to file a petition in the High Court.
Today morning (September 23), Kobusingye's lawyer, Isaac Nambijja Kiwanuka, formally informed court that his client could no longer pursue the case. He cited personal difficulties, including the recent loss of her father and an ongoing succession dispute over her late father’s property, which has left her without the capacity to continue with both matters.
Kiwanuka requested court to allow each party to bear its own costs. He noted that Nakwedde had not filed an affidavit in reply and that there was no objection to the withdrawal application from her side.
Nakwedde, represented by Andrew Wabwezi of WAK Advocates and PACE Advocates, agreed that the petitioner should not be ordered to pay costs. Wabwezi told court that the petitioner had sought a recount at the Chief Magistrate’s Court in Kayunga and lost, then filed a revision, which was withdrawn before lodging the High Court petition.
Wabwezi said the defence had raised points of law capable of collapsing the petition and that, faced with that “legal brick wall,” the petitioner chose to withdraw.
“Upon realising that we had put up a legal brick wall and facing imminent collapse of their petition, they took the only legal path left and that was to withdraw the petition entirely,” Wabwezi said. He added that Nakwedde had consented to the withdrawal without costs and described the move as a vindication of her election.
Nakwedde said she had forgiven Kobusingye and would not demand any payment. “My opponent finally realised she couldn’t make it. So, she came and applied that she be allowed to withdraw the petition. So, finally today, the case has been withdrawn and the judge has pronounced once again that I was a duly elected woman member of parliament for Kayunga district,” she said.
However, lawyers representing the Electoral Commission; Kevin Amojong and Idris Kiwanuka, took a different position. They asked the court to order the petitioner to pay the Commission’s costs, arguing that she had wasted the court’s time and resources. They contended that even if the petition had not been withdrawn, it would have failed because of multiple loopholes, and that an order for costs would serve as a deterrent against frivolous litigation.
Justice Himbaza granted the application to withdraw the petition and confirmed Nakwedde as the duly elected Woman Member of Parliament for Kayunga District. He fixed Friday of this week (October 2) as the date for the ruling on whether Kobusingye should pay the Electoral Commission’s costs.