FRESH RULING: Katongole's Grip Slackens Off Rubaga North


illness geneva; font-size: small;”>Katongole’s rival Moses Kasibante has successfully convinced court that the EC filed its appeal against his victory out of the legally prescribed time.

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“The memorandum of appeal was filed a day after the prescribed time,” judges Constance Byamugisha, Remmy Kasule and Stephen Kavuma ruled Monday.

The Judges concurred that while the judgment that gave Kasibante victory was delivered on October 24, 2011 and notice of appeal filed within time, it was served Kasibante out of time.

“It is the duty of the intending appellant to ensure that the necessary steps are being taken in time. In case of Electoral Appeals, the appellant is given a higher duty to appeal quickly because the Parliamentary Elections Act enjoins this court to dispose of electoral matters quickly,” read the ruling.

“The respondent did not even attempt to apply for extension of time or apply in the High Court for the record,” the Judges stated.

The final ruling that will determine Katongole’s fate is still in the hands of Justice Byamugisha, according to the Court’s registrar in charge of criminal division Alex Ajiji.

“Justice Byamugisha was supposed to give me another ruling but he is still in court. I will deliver it as soon as I get it. Please bear with me,” pleaded Ajiji.

After losing the polls to Kasibante last year, Katongole rushed to court where he secured a vote recount order from Mengo Chief Magistrates’ court.

Fearing the possibility of rigging results during the recount, Kasibante responded by seeking an order from High Court halting the exercise since Katongole had not included his name as a party to his application for recount.

Interestingly, the order was defied thus paving way for a recount that ended at around 4:00am the following morning.

Kasibante again returned to Court where Justice Kibuuka Musoke ruled the recount must have been conducted by the Magistrate personally and not the returning officer.

Yet, the Magistrate left the Kampala Returning officer Molly Mutazindwa to conduct the recount before announcing Katongole winner.

Legal experts say Katongole could be on his way out of Parliament.


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