Verdict in age limit case to be delivered today

Jul 26, 2018

The five-member coram of judges — Owiny- Dollo, Kenneth Kakuru, Elizabeth Musoke, Cheborion Barishaki and Remmy Kasule — will read their ruling on the matters of contention

The Mbale High Court, the place where the judgment will be made, and two others, where the public will sit to watch proceedings on television screens, are already spotless clean.

Technical engineers were by last evening working on the sound, light and visual systems before the judgment today.

Outside Mbale High Court, a white tent filled with chairs was already set in the court compound. The judgment on the petition challenging the Constitutional Amendment Act 2017, will be telecast both inside and outside court.

"The tent is for members of the public who may not have access to the inside of the court. We are going to limit the number of people entering court. It will be on first-come-first-served basis because we have limited space. Not everybody willing to be inside will be allowed to enter," Mansur Suwedi, the Elgon region Police spokesperson, said.

And, unlike the hearing sessions where each and every legislator and prominent politician was allowed entry due to their status, Suwedi said entry will be restricted, regardless of status, because some politicians had in the past been rowdy.

"We had disturbing scenarios during the hearing. Whenever a petition lawyer made impressive submissions during the hearing, some MPs, who were in court, would stamp their feet on the floor like they do in Parliament. It was disruptive. This time, we will decide who to allow and who not allow," Suwedi said.

On December 20, last year, Parliament passed the Constitution Bill. The Act struck off the upper age limit for one to contest the position of President and also local council leaders that stood at 75 years. It also lowered further the bottom cap from 35 years to 18 years.

The Act also increased the term of the current Parliament from five to seven years. It implies if the status quo stays, both Parliament and local council leaders will be elected on a different date from that of the President. The petitioners took to court to challenge the Act.

The Constitutional Court, led by Justice Alfonse Owiny-Dollo started hearing the case on April 9 and concluded it within two weeks.

Today, the five-member coram of judges — Owiny- Dollo, Kenneth Kakuru, Elizabeth Musoke, Cheborion Barishaki and Remmy Kasule — will read their ruling on the matters of contention.

Suwedi said three roads leading to the court are to be sealed off from traffic. These are Bufumbo road, Bishop Masaba Road and Court Road.

"The public can turn up to witness the ruling because this is a matter of national concern. But they should be calm," Suwedi said.

On the streets of Mbale town, business went normally and traffic flowed with ease in the town.

Despite the relevance of the case to the nation, it did not seem to attract much public concern characteristic of its magnitude.

Juliet Nanfuka, an airtime vendor near court, questioned what importance the judgment will make in her life.

"Well, it is important. But it doesn't matter anymore. The sun will set, and tomorrow will be another day. Nothing makes sense anymore. We just have struggle to ensure the livelihoods of our families," Nafuka said.

But Ronald Malisa, the chairperson of the regional block bodaboda stage, situated near court, said divine providence should prevail over the judges to make a just judgment.

"The situation is already bad. The price of fuel has gone up. The taxes are choking. If this situation persists, the entire country is headed nowhere, despite the rosy future being painted. We are all looking at the bench for fair and just judgment for the better future of this country," Malisa said. Jonathan Abaine, a petitioner in the case, said they (petition) did their part and presented a strong case.

"The rest of the task is upon the judges. We hope for a favourable judgment, though. But in case the ruling is against our case, we shall critically look at the judgment and the reasoning of the judges before deciding on the next step. There is still room for us to appeal at the Supreme Court if we are dissatisfied," Abaine said.

John Musira, the Manafwa LC5 chairperson, said he would be happy if the court struck off the two additional years that MPs gave themselves and local council chairpersons.

"I'm a beneficiary of this particular section. But I feel the MPs usurped the powers of the people who gave them the mandate to represent their views in Parliament. We cannot have leadership run in this manner," Musira said.

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