Unresolved 2016 poll petitions as Parliament winds up final year

Justice delayed is justice denied, the saying goes. There are several aggrieved politicians who have been seeking justice for the alleged injustice they suffered in the 2016 elections but their dream appears shuttered.
Their alleged tormentors they sought to remove from Parliament are serving the final year of their contested tenure.

At least six election petitions have not been disposed of by the Court of Appeal about four months to the nomination of new candidates for the 2021 elections.

The Electoral Commission’s revised 2021 election roadmap has set November for nomination of parliamentary and presidential candidates.

However, parliamentary contestants who petitioned court seeking relief on account that their opponents robbed them of victory in the 2016 election are still waiting for justice. Even if they win on appeal before the end of the year, the judgement may be a futility as they will never represent their electorate in the 10th Parliament.

Given that the nomination process for contestants in the next Parliament has already started, it will be too late for a by-election in the current House.

One of such unresolved election cases in the Court of Appeal is the one filed by Ms Kevina Taaka against Mr Geoffrey Macho in the scramble for Busia Municipality seat.

The court registrar, Ms Mary Babirye, had set March 20 to deliver the judgement in the appeal case where Ms Taaka is challenging a High Court verdict that the evidence on Mr Macho’s alleged inadequate academic qualifications, non-compliance with electoral laws and illegal acts during elections was insufficient to annul the election.

Other cases involve Mr Ronald Lutwama against Mr Tonnie Mpanga; Mr Herbert Tom Kinobere against Mr Godfrey Kamba Wairagala for Kibuku Constituency; Ms Rashiida Namboowa against Mr Bavekuno Mufumu Godfrey Kyeswa for the Butambala District chairperson seat.

The other involves the Electoral Commission against voter Dirisa Ssemanda who accuses Ms Ruth Katushabe, the elected MP for Bukomansimbi North, of failing to resign from her government office before she contested for a political seat.

Also pending are cases involving Mr Fred Kasirye Zimula against Mr Francis Kibuuka Amooti for Mubende District LC5 seat and Mr Habib Buwembo, a voter, who is challenging the election of Rubaga South MP Paul Lubwama.

Fate of Kato Lubwama petition
The matter awaits Court of Appeal direction on the application in which Mr Lubwama is seeking permission to be allowed to appeal against a High Court decision that nullified his election.

In December 2016, Kampala High Court judge Margaret Oumo Oguli granted permission to Mr Buwembo to challenge Mr Lubwama’s election on account of lack of the requisite academic papers.

Judiciary public relations officer Jameson Karemani confirmed the pending election cases. He had said the cases would be disposed of last month but to date they are still pending.

“They were cause-listed for a session coming up at the beginning of May. The judges would be disposing of the cases at once,” Mr Karemani said, adding that a total of 12 cases are pending in the court.

He did not provide particulars of the parties involved in the pending appeals.
In April 2016, then Principal Judge Yorokamu Bamwine said the Judiciary had allocated the first six months to handle election petitions arising from the February 2016 polls.

He said judicial officers had undergone different training sessions and generated ideas on how best to dispose of the petitions. Justice Bamwine said it was part of the Judiciary’s intervention to ensure justice was not delayed.

Under articles 140 and 104 of the Constitution, the Judiciary is required to expeditiously hear and determine electoral petitions and may put aside any other pending cases in order to dispose of such petitions.

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