Court upholds two NRM legislators’ poll victory

Katikamu South MP Edward Ssembatya and Mr Christopher Kalemba Kakuuto County.

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  • The three justices then ruled that unless UMI recalls its diploma, court has no powers to pronounce on its authenticity and hence upheld MP Sembatya's election which his rival Alfred Muwanga had challenged.

KAMPALA. The two MPs of the ruling National Resistance Movement (NRM) have survived being kicked out of Parliament after Court of Appeal confirmed that they were validly elected to represent their voters in the 10th Parliament.

The two lawmakers are Mr Edward Ssembatya of Katikamu South Constituency and Mr Christopher Kalemba Kakuuto County.

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NRM’s Ssembatya kicked out of Parliament

The newly elected Katikamu South Constituency legislator Edward Ssembatya becomes the latest MP to be kicked out of the tenth Parliament with court ordering the Electoral Commission (EC) to organize fresh elections in the same constituency

NRM’s Ssembatya kicked out of Parliament

The newly elected Katikamu South Constituency legislator Edward Ssembatya becomes the latest MP to be kicked out of the tenth Parliament with court ordering the Electoral Commission (EC) to organize fresh elections in the same constituency


The Court of Appeal on Friday overturned decisions by both Kampala and Masaka High Courts that had nullified the election of the two lawmakers on grounds that they lacked the requisite academic qualifications and had not resigned from their government jobs.

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NRM's Kalemba thrown out of parliament over academic papers

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In his ruling, the High Court judged also noted that Mr Ssembatya did not know the actual duration of his two diploma courses that he claimed he undertook at UMI as he stated during the hearing of the case.
In the case of Mr Ssembatya, High Court judge Henry Kaweesa had faulted his academic papers, wondering why he sat for Ordinary Level exams under the names of Edward N. Ssembatya in 1972 at St Henry’s Kitovu College but was later admitted at Uganda Management Institute (UMI) under different names of Ssembatya Edward Ndawula in 2006.

Justice Kaweesa also ruled that the diploma in Financial Office he attained from Uganda Management Institute in 2000 and used it for nomination was invalid because he only studied for nine months instead of the required two years.
However three justices led by the former Deputy Chief Justice Steven Kavuma faulted Justice Kaweesa saying he usurped the powers of UNEB to equate and validate academic qualifications which made him reach a wrong conclusion.

Other justices are; Alfonse Owiny -Dollo and Richard Buteera.
The three justices then ruled that unless UMI recalls its diploma, court has no powers to pronounce on its authenticity and hence upheld MP Sembatya's election which his rival Alfred Muwanga had challenged.
In the same court, the same panel of justices also ruled that Mr Kalemba possessed valid academic documents to be elected as Member of Parliament for Kakuuto County.

Kalemba's political opponent Drake Lubega had also convinced Masaka High Court judge Margaret Tibulya that the MP had not resigned from the position of Resident District Commissioner (RDC) for Lwengo as it is required by law before offering himself for nomination.
However, the three justices ruled that Kalemba had already resigned as RDC in May 2015 before the December nominations and hence justice Tibulya wrongfully cancelled his election.
The Court has now ordered that the two legislators are entitled to costs from both High Court and the appellant court cases.