Court blasts Mbabaali over poll case

By Hillary Nsambu

THE Court of Appeal on Wednesday condemned DP stalwart Jude Mbabaali and a city lawyer, saying they were abusing the court process by attempting to re-instate an election petition he withdrew against Vice- President Edward Kiwanuka Ssekandi.

The three Justices of Appeal said Mbabaali hid behind two of his voters and lawyers to have the petition re-instated.

This, according to the judges, is a gross abuse of the court process. 

As a result, the judges ordered the lawyer, Chrysestom Katumba and the voters who made the application, to jointly pay the costs of the case.

“In the circumstances, we order that the costs be borne by the applicants and their counsel jointly and severally,” the judges ruled.

The coram comprised justices Steven Kavuma, Augustine Nshimye and Remmy Kasule.

The court noted that Mbabaali withdrew the petition he had filed against Ssekandi and agreed that each party would bear its own costs.

This prompted the High Court judge, Elizabeth Musoke, to close and put away the file. 

However, Mbabaali tried to sneak it back by hiding behind three of his voters, who filed an application, seeking permission to appeal against what they had withdrawn.

Represented by Chrisestom Katumba of Lukwago and Company Advocates, the three voters – Charles Samula, Robert Kasiita and Barbara Kabejja – had argued that Mbabaali’s petition had been improperly withdrawn.

However, the court rejected the applicants’ arguments and agreed with Kiwanuka Kiryowa of Kiwanuka and Karugire Advocates that the applicants had failed to collect 500 signatures of other voters to support their application.

As the court delivered its ruling, Mbabaali filed another application under the names of the same voters, demanding that justices Kavuma and Kasule disqualify themselves from the case arguing that they had a close social relationship with Ssekandi.

Although the application was filed and received in the registry, it was not presented before the court.