Lubwama Has No Right of Appeal – Judge

High Court’s Justice Oumo Oguli has blocked Lubaga South MP Kato Lubwama from appealing her decision to allow Habib Buwembo, ed permission to file an election petition outside the designated 30 days time frame, help after the general elections.

After allowing Buwembo’s petition, treatment  — that challenged the education credentials of Lubwama, — the MP through his lawyers led by Asuman Basalirwa had determined to challenge this ruling.

Being an interim matter, Lubwana needed to seek first permission from Judge Oguli to challenge her ruling in a higher court, which she denied him to day.

While delivering her ruling today, Justice Oguli emphasized that the law does not allow aggrieved parties to file interim applications resulting from electoral matters. She therefore advised Lubwamathat he is only entitled to appeal against the final determination of the Electoral Petition.

Justice Oguli thus dismissed this application with costs saying that it was not filed in good faith but meant to delay the hearing process of the matter.

Lubwama’s Lawyers still have not welcomed this ruling and they vowed to appeal against it in superior courts to interpret on whether High Court has got powers to extend the time frame in which Electoral petitions must be filed

On the 30th of December 2016, Habib Buwembo in the support of other 500 voters from Lubaga South filed an election petition asking court to kick Kato  Lubwama out of the 10th Parliament on grounds that he doesn’t hold  a UCE certificate which would be a basis for him to attain higher qualifications of learning.

On that matter  High court deputy registrar  Alex Ajiji has since given Kato Lubwama ten days within which to file his response in court.


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