Singh asks Kadaga to halt his expulsion

 

SINGH Marwaha Katongole,who was Monday ordered to immediately vacate the Rubaga  North parliamentary seat, has asked Speaker Rebecca Kadaga to halt the process, until he concludes his appeal.

 

Singh was shown the exit by the High Court in Kampala. The trial judge Vincent Musoke-Kibuuka, ordered him to immediately vacate the seat for his opponent  Moses Kasibante.

 

In a letter addressed to Kadaga dated October 25, 2011, Singh’s lawyers from Bwambale, Musede and Co. Advocates, stated that he had instructed them to notify her about his appeal.The letter is also copied to Kasibante’s representatives, the law firm Lukweago and Company Advocates

 

The letter states that Singh is dissatisfied with the entire judgment, and intends to appeal at the Court of Appeal.     

 

“Under section 95(3) a of the Parliamentary elections Act 2005 our client cannot be made to vacate Parliament unless he doesn’t appeal within seven days from the date of Judgement,” the letter states.

 

It adds: “This therefore is to request you to halt any execution process in this matter until the expiration of time of Appeal.”

The lawyer’s further states that they have already applied for typed certified copies of the judgment together with the record of proceedings to enable them proceed at the Court of Appeal.

 

In a related development, Singh on Tuesday filed a notice of appeal at the Court of Appeal. The notice reiterates Singh’s dismay with the judgement.

 

Singh’s legal team is yet to file the grounds, since they have to first study the record proceedings from the High Court.

The petition arose in March when Kasibante questioned the legality of the vote recount Kasibante, claiming Singh connived with the Electoral Commission to rob him of victory.

 

Court discarded the vote recount ordered by the then Mengo Court Chief Magistrate Philip Odoki, saying was illegal and therefore totally null.

 

Yesterday, Kasibante’s lawyer, also Busiro South MP Medard Ssegona scoffed at Singh’s move, saying it was futile.

“It is not an ordinary election petition where somebody alleges that elections were not conducted in accordance with the law. It is simply that this man has never been probably sworn because Kasibante’s declaration has never been lawfully cancelled, therefore he remains MP,” Ssegona said.

 

Singh and the EC were ordered to pay Kasibante’s costs, each footing 50% of the bill.

 

Initially, on February 20 this year, EC declared Kasibante the winner with 24,054, against Singh’s 18,595 votes. Seven other candidates took part in the race.

 

 However, after the recount, Singh was on March 1 declared winner with 24,802 votes, while Kasibante came second with 22,850 votes.

 

The judge said the law stipulates that the Chief Magistrate shall appoint a time for recount of the vote and that is four days after the application do so has been made which did not happen in this case. Odoki was also faulted for misdirecting himself fatally by granting that order.