Rwakoojo challenges judicial review of his appointment as electoral commission secretary

Mar 24, 2010

THE Electoral Commission (EC) secretary, Sam Rwakoojo, has objected to a judicial review of his appointment, arguing that it is time-barred.

By Andante Okanya

THE Electoral Commission (EC) secretary, Sam Rwakoojo, has objected to a judicial review of his appointment, arguing that it is time-barred.

Rwakoojo’s lawyer Enos Tumusiime on Tuesday raised this preliminary objection at Kampala High Court.

Henry Mayega, a Uganda People’s Congress stalwart, asked court to dismiss Rwakoojo over allegations that he lacks the required academic qualifications for the post.

Mayega then dragged the EC and Rwakoojo to court. He argued that Rwakoojo’s appointment was in violation of the Constitution and the Electoral Commission Act.

Tumusiime on Monday told court that the application was time-barred.

“Court has a strict interpretation of time-limit clauses. Nine years is a long time to review a judicial decision,” he argued.

Rwakoojo was appointed EC secretary on December 15 2001, and was in September last year re-appointed by the President. Tumusiime asked court to dismiss the case, arguing that the documents relied on were not signed by the registrar of the court and do not bear a court seal.

This is the second attempt at blocking Mayega’s application. In November last year, the co-defendant’s lawyers applied for a court order to compel Mayega to deposit sh50m as security and proof of ability to pay for damages in case he lost the case.

Justice Musoke will on April 1 rule on the preliminary objection by Rwakoojo’s lawyer.

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