EC gazettes Singh Rubaga North MP

The National Resistance Movement flag bearer for Rubaga North constituency, Singh Katongole Marwaha has been gazetted MP-elect, pre-empting his rival Mr Moses Kasibante’s parallel court process challenging the recount on the former’s application.

Mr Katongole was gazetted by the Electoral Commission in a March 1, 2011 “Gazzette Extra Ordinary” just hours after being declared winner at 3am in a recount that had been temporarily ordered stayed by the High Court.
According to the gazette, Mr Katongole collected 24,802 votes against his arch rival’s 22,850.

On Tuesday, the High Court was supposed to hear a substantive application stopping the recount that was ordered by Mengo Chief Magistrate last Friday and effected inspite of the High Court order stopping it on Monday.
Mr Katongole’s lawyers applied to court to give them three days to enable them prepare for hearing of Kasibante’s application. The hearing begins this mourning before Justice Vincent Zehurikirize at the High Court in Kampala.

On Tuesday, Judiciary spokesperson Elias Kisawuzi issued a statement condemning the defiance of the High Court order stopping the recount.
When told of the latest developments yesterday, Mr Kisawuzi said he did not want to comment because his comments had potential of being prejudicial to the court process.

“I may pre-empt what is going to happen tomorrow (today),” he said.
But Mr Erias Lukwago, one of Mr Kasibante’s lawyers, said Mr Katongole’s gazettement “is a nullity itself.”

“We are going to challenge it. It was unlawful. That recount was supposed to have been supervised by the magistrate and issue a certificate. It is the certificate that was supposed to have been gazetted and I am sure he didn’t issue it to the EC,” Mr Lukwago explained.

Mr Kasibante was, after putting pressure on the EC, announced winner of the February 18 poll by the returning officer, Ms Molly Mutazindwa, two days later but Mr Katongole complained he had been cheated and secured a Chief Magistrate’s Court order.

On Monday, security deployed heavily around Bulange, following announcements for the recount by Kasibante on CBS radio where he works as a news caster, calling his supporters to celebrate his victory.
Mengo Court is just in the vicinity and police said allowing supporters of the rival camps to converge there would breach order and peace.

All roads leading to the area were closed to both motorists and pedestrians. Mr Katongole said of his gazeting yesterday, “I am happy. If they want to challenge it (my victory) they are free. It is not me who gazetted myself. It was the EC.”

NRM election bureau spokesman Ofwono Opondo said, “That (gazzetting Katongole winner) sorts out the issue. Now Kasibante can do what he wants, but at least he can’t challenge Katongole until he is sworn in.”

But the trend and speed of events baffled the Uganda Law Society president Bruce Kyerere. “There’s bad faith (by the EC) in the whole process. There’s an attempt to defeat the course of justice. Once gazetted you’re MP-elect but even after swearing in the election can be challenged,”