Kayihura given five days to file defense

By Betty Amamukirori and Abbey Ramadhan

The civil court judge, Benjamin Kabiito has given the Attorney General (AG) and the Inspector General of Police (IGP) a five days ultimatum to file their defense in response to the claims brought against them by the FDC deputy Electoral Commissioner.

This followed an oral submission by Kale Kayihura’s lawyer, Elison Karuhanga, requesting for a two weeks adjournment to allow them pick the summon letters and then respond accordingly.

“We have not yet been served with the summons and the suit. We therefore, pray for more time to allow us access the suit and then file our response,” he said.

In response, Kabiito gave them until Monday to file their defense or else the hearing proceeds in their absence and judgment given in favor of the petitioner.

Last week, the AG, IGP and the Electoral Commission (EC), were dragged to court for frustrating the opposition political party campaigns, by Michael Kabaziguruka.

In his suit, Kabaziguruka accused Kayihura of selective enforcement of the law.

“The IGP is purporting to interpret section 3 of the Presidential Elections Act as excluding mass rallies and campaigns, and consequently enforcing by force of arms and teargas at his own misinterpretation of the law, thereby refusing political parties from campaigning and holding rallies in breach of the constitutional guarantee,” reads the plaint.

He said that the trio uses the Act to frustrate the opposition while allowing the National Resistance Movement (NRM) and its flag bearer to hold mass rallies and campaigns unhindered.

“The NRM presidential candidate, Yoweri Museveni moves throughout Uganda holding rallies and campaigns which is a selective imposition of the law purporting to disallow political rallies and campaigns before nominations,” reads part of the affidavit.

He also accused the police of forcefully stopping and breaking up campaigns of opposition candidates, especially those convened by Kizza Besigye, the FDC presidential flag bearer, under the pretext of enforcing the Public Order Management Act.

Kabaziguruka wants court to declare that campaigns and rallies by political parties and individuals before and after nomination of presidential and parliamentary candidates should not be subjected to the provisions of POMA.

However, the maiden hearing of the case flopped yesterday when the respondents lawyers denied ever receiving the suit and the summon letters, forcing the judge to give them five days and setting November 9, as date for hearing.

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