Kato Lubwama Troubled as Court Grants Permission to Challenge his Victory

High Court judge Justice Oumo Oguli has granted Rubaga South voter Habib Buwembo permission to carry on with an electoral petition challenging the area MP elect Kato Lubwama’s victory.

Mr Buwembo sought permission to file an election petition out of time, information pills challenging the election of Kato Lubwama as the Lubaga South MP.

He argues in his petition that it was wrong for the Electoral Commission to nominate and declare Lubwama the MP elect as he lacked the minimum education requirements.

The judge first informed court to that it is in her jurisdiction to grant an extension of time in which one can file an election application, capsule under certain circumstances.

Justice Oguli said she established that the reason it took 7 months for Buwembo to file the petition was because the responsible parties had initially refused to produce the evidence he was to rely on in the case.

These she said included Old Kampala Secondary School, UNEB, Makerere University and the National Council of Higher Education

She added in her ruling, “The respondent (Kato Lubwama) also told lies in his the statutory declaration when he confirmed on oath that he had a Uganda Certificate in Education( UCE) yet the letter from UNEB dated 7th October 2016 stated that his certificate was not available and he didn’t qualify for any which was never rebutted.”

The judge however disagreed with the petitioner Buwembo on the claim that he was financially incapacitated to hire an advocate until he received support from Legal Aid Brain Trust.

She nonetheless pointed out that Buwembo had been proven to be a voter from Lubwama’s constituency, and therefore illegible to file the election petition.

“In my view this application is properly before court for extension of time, it is allowed and this court orders you to file an electoral petition within 30 days and serve the respondents,” ruled the judge

Justice Oguli further granted costs of this application to Buwembo whereas each of his two counsels was also granted certificates.

However Mr Kato Lubwama through counsel Samuel Muyizzi have informed court that they were not satisfied by the ruling and vowed to appeal it.


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