Sematimba retains Busiro South seat

Sep 18, 2017

A panel of three Justices led by Steven Kavuma confirmed Sematimba as MP, stating that his rival Stephen Ssekigozi failed to adduce satisfactory evidence to prove that Sematimba forged academic credentials.

Petitioner Stephen Ssekigozi at court. PHOTOS/Juliet Kasirye

The Court of Appeal has over turned a High court ruling, which had nullified the election of Peter Sematimba, as Busiro South Member of Parliament (MP).

A panel of three Justices led by Steven Kavuma confirmed Sematimba as MP, stating that his rival Stephen Ssekigozi failed to adduce satisfactory evidence to prove that Sematimba forged academic credentials.

"The petitioner failed to prove the authenticity of the appellant's credentials, as required by law," the justices ruled. Others were Cheborion Barishaki and Catherine Bamugemereire.

 
Ssekigozi had dragged Sematimba to High court, alleging that he holds a certificate issued by the East African Examinations Council in 1978, which cannot be equated to an Advanced Level certificate, the minimum requirement for nomination in parliamentary elections.

The Judgement was issued in the presence of Sematimba and Ssekigozi's lawyers. However, Sematimba was not present in court.     
  
In June 2016, High court Judge Lydia Mugambe threw Sematimba out of Parliament over failure to possess requisite qualifications for the MP post and ordered the Electoral Commission (EC) to conduct fresh elections for Busiro South Parliamentary seat.

 


Being dissatisfied with the High Court decision, Sematimba lodged an appeal before the Court of Appeal, challenging a High Court decision that nullified his election.

In his appeal, Sematimba asserted that Justice Mugambe misdirected herself on the law relating to the evidential burden of proof in regard to allegations of fraud, forgery and invalid academic qualifications.    

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