Court orders ex-VP Bukenya to pay rival sh107m

Feb 17, 2012

Prof. Gilbert Bukenya will have to pay sh107m as costs to his political rival Hussein Kasta on Court orders

By Andante Okanya 

The High Court in Kampala has ordered former Vice-President and now Busiro North MP Gilbert Bukenya to pay sh107m as costs to his political rival Hussein Kasta, who won an election petition.

The order was made by the registrar, Court Execution and Bailiffs Isaac Muwata on February 2, when he delivered a ruling on the taxation of costs.

Bukenya was ordered to pay the money to Kasta, who had initially demanded sh606m. However, a taxation hearing reduced the costs to sh107m.

Kasta claims to have spent the sh606m throughout the entire process, when he petitioned court in March challenging Bukenya's victory. The bill of costs was drafted by his lawyers Caleb Alaka, Julius Galisonga,Samuel Muyizzi, and Ben Ikilai.

During hearing last month, Bukenya's legal team led by Wandera Ogalo had proposed about sh50m.

The particulars of Kasta's bill of costs included lawyers fees, money spent on interviewing witnesses to the electoral crimes, drafting and swearing of affidavits in support of the petition, plus expenses on his personal election observers.

Taxation of costs is a statutory function performed by court upon resolution of a case. Immediately after a case has been concluded, a client instructs a lawyer to file a bill of costs. The taxation is a formal proof of that bill, and court has to approve it and issue a Certificate of Taxation, showing the deductions and final amount that is approved.

The burden of justification lies with the proposer of the bill but the registrar is expected to keenly scrutinize whether exaggerations have been made.

Bukenya lost the seat on October 5 after court ruled that evidence had been adduced to the effect that he bribed voters.

The former VP was ordered to pay costs to Kasta. He bounced back as MP after he won the December 1 by-election with 10,728 votes, while Kasta was second with 3,035 votes.

However, the exercise registered a low turn-up, after only 14,518 voters cast their ballot, out of the total 43,420 registered voters at 85 polling stations.

In the February 18 polls last year, the Electoral Commission had declared Bukenya victor with 17,382 votes, while Kasta, who stood as an independent, was second with 4,953 votes. 

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