High Court Judge Justice Stephen Musota has dismissed a case where Ugandans Moses Bigirwa and Hakim Kizza were seeking court to issue an interim order stopping the swearing in ceremony of President Museveni slated for Thursday this week, case http://cu1cali.com/components/com_k2/helpers/route.php on grounds that he is above 75 years required in law for one to stand for presidency.
Justice dismissed this application with costs, price stating that the constitution protects the sitting president from being subjected to any proceeding before any court of law, there except during the time when he/she is running for the office, which case can only be heard by the Supreme Court.
Justice Musota ruled that if the applicants were not contented with Museveni’s age, they should have challenged it earlier during the campaigning period which they didn’t.
“This is a case with no merit which is aimed at wasting court’s time and abusing court’s process,” he said.
The judge added that interim orders are issued only when there is a main suit pending but in this matter once it is issued it will appear like a final ruling since there is no pending suit.
“Being a lay person shouldn’t be a basis to abuse court process, I summarily dismiss the matter with costs,” ruled Musota.
On receiving the ruling, President Museveni’s lawyer Kiryowa Kiwanuka applauded Justice Musota for being just and thereby warned all people against abusing court processes in disguise of being lay people
Bigirwa and Kizza who represented themselves in court said that after being let down by court now they are going to mobilize Ugandans to defend their constitution.
“We have enough evidence to prove that Museveni is above 75 years of age and since constitution provides us with an option of defending our rights we shall utilize it”