Lawyers defend Kakooza's election as Buwekula County MP

Lawyers defend election of MP Kakooza

By Edward Anyoli

The lawyer representing the MP for Buwekula County in Mubende district defended his election to Parliament saying he was properly elected.

Lawyer Kiwanuka Kiryowa said Joseph Kakooza (NRM) presented authentic academic documents for his nomination upon which he won the election in a landslide victory.

"It is our submission that the learned trial judge was correct to find that the second respondent (Kakooza) was lawfully nominated and elected as a Member of Parliament and the appellant failed to discharge his burden of proving otherwise" Kiryowa said.

While appearing before a panel of three justices Richard Buteera, Paul Mugamba and Elizabeth Musoke, Kiryowa said Kakooza produced evidence to the Electoral Commission (EC) that he is qualified to contest.

Last week Court of Appeal sitting in Kampala started hearing several election petition appeals from across the country.

"The second respondent produced cogent evidence to corroborate his award of the said academic documents in the form of affidavit evidence of Major General Pecos Kutesa and Brigadier Jim Willis Byarugaba, which evidence remains unchallenged on court record" Kiryowa said.

He submitted that the Kakooza's certificates have never been cancelled and were considered valid. He said Kayiira Baleke needed to do more than make mere allegations.

Kiryowa told court that the evidence that Kakooza attended and was given a certificate from Tanzania Military Academy was not challenged by the independent candidate Baleke.

He contended that it is not the duty of Kakooza to find out if National Council for Higher Education (NCHE) was consulted or not but he only had a duty to present his academic qualifications to (NCHE) for verification.

"It is our submission that the learned trial judge was correct in finding that the appellant (Baleke) failed to prove that Kakooza does not have the required academic qualifications for the election for MP as required by law," Kiryowa said.

Musa Ssekana, the lawyer who represented the Electoral Commission said the Baleke was wrong to fault the Electoral Commission.

Ssekana dismissed claims by Baleke's lawyer that the Electoral Commission should have verified the certificate issued by (NCHE). He submitted that verification is the mandate of the NCHE.

"Electoral Commission has no business in verifying certificate issued by NCHE. The petitioner was wrong to fault the Electoral Commission. This appeal should be dismissed with costs," Ssekana said.

Kakooza obtained 22,624 valid votes cast and Baleke got 12,974 votes but being dissatisfied with the results, Baleke petitioned court.

Baleke's lawyer Ahmed Bamujje said Kakooza did not meet the requirement to contest for the election.

Bamujje argued that at the time of nomination, Kakooza's academic papers had not been verified.

"There was no verification of the second respondent academic qualification for purposes of contesting. Having not submitted and not being issued with a new certificate therefore his subsequent election was null and void," Bamujje said.

He said there was no consultation with Uganda National Examination Board (UNEB) to ascertain whether his papers are genuine.

Bamujje added that Kakooza was duty bound to ensure all his papers were verified before nomination.

Buteera the lead judge, said judgment will be delivered on notice.