Election 2016

Mbabazi’s New Petition is Waste of Time – Museveni Lawyers

Supreme Court judges presiding over the election petition

Barely two days to the polling day for the LC 3 chairpersons and their councilors, order http://clinico.cl/wp-includes/class-wp-customize-widgets.php the Independent Electoral Commission chairperson Eng. Badru Kiggundu has disqualified the candidate for LC3 Nyarushanje sub country, http://comeduraredipiu.com/wp-content/plugins/thrive-leads/editor-templates/screen_filler/sixteen_set.php Rukungiri district Mr Alisen Sebagyenzi due to old age.

Sebagyenzi who has been the sub county chairperson since 1996 was seeking another term in this week’s (Wednesday 9th March 2016) election.

Pius Ahimbisibwe the Rukungiri district returning officer told press over the weekend that Sebagyenzi who is carrying the NRM flag was removed from the race after it was found that he had passed the constitutional age.

The constitution requires an LC III chairperson to be at least 35 years old and below 75. Mr Ahimbisibwe revealed that the NRM flag bearer was found to be 79 years old.

The commission he said it commenced investigations after it was petitioned by some people; and found that candidate Alisen Sebagyenzi was born in April 1936.

Michael Asiimwe, the only remaining candidate in the race, carrying the FDC flag was therefore declared unopposed. The locals will thus vote only for councilors representing parishes.

Other candidates in the district who survived being disqualified in the EC investigation included Bonny Biryatwaita alias BB of Nyakishenyi Sub County who is now 74 years old and Geoffrey Kanumi of Buyanja who is 73 years.
And Kenneth Kazibwe 

12:00pm: Electoral Commission says this isn’t just a mere amendment but an entirely new petition, unhealthy http://couponsavingfamily.com/wp-content/themes/genesis/lib/classes/breadcrumb.php citing a request for a vote recount.

Enos Tumusiime representing EC says there are no special circumstances for allowing the amendment under Rule 17 of the Presidential Election Rules.

EC submits that the requests included in the amendment serve to prolong the trial in the prejudice of the respondents.

Respondents say Rule 15 which petitioner seeks to evoke isn’t open to the petitioner to make the amendment he has made and should be dismissed.

Lead counsel asks that the Chief Justice disallows and dismisses the application for amendment because it’s unconstitutional.

11:40am: Justices return to the court room after an adjournment and the session has resumed.

Petitioners say they had consultations with respondents but didn’t agree on withdraw of amendment.

Justice Katureebe questions how the 14 days (period in which an amendment should be filed) apply to this petition.

EC lawyer: “The amendment copy isn’t lodged in this court, rx http://centerforblackbelt.org/wp-content/plugins/gravityforms/recaptchalib.php not signed by registrar and necessary fees not paid. It’s very unconstitutional.

“The constitution has no provision for the amendment or extension of time and that time limits are clearly stipulated.”

Like Chief Justice Katureebe, http://clark-illustration.com/wp-includes/ms-deprecated.php Electoral Commission questions the special circumstances under which the petitioner is applying for extension of time.

10:45am: Supreme Court takes 30 minutes recess as advised by Chief Justice Bart Katureebe to allow legal teams to reach a position on the petition amendment by Amama Mbabazi.

Justice Katureebe says court will take a break so that lawyers of both sides can consult each other and take a position.

Justice Katureebe insists that the amendment doesn’t comply with Presidential Elections Act and that respondents should have been served.

Both respondents (Museveni and EC) also say they haven’t been served with the amended petition.

Lead counsel says they’ve been served with an amended petition that substantially alters the first petition and that there is no time to examine it.

Deputy Attorney General, Mwesigwa Rukutana is the lead counsel to the petition and is now introducing the names of petitioners and respondents

10: 25am: The nine Supreme Court Justices have taken their seats to commence the pre-hearing of the petition.

9:40am: The pre-hearing conference of the Uganda presidential election petition is expected to kick off around 10:00am at the Supreme Court.

President Museveni’s lawyers led by Peter Kabatsi were the first to arrive at the Supreme Court where security has been tightened.

Others include Kiryowa Kiwanuka, Edwin Karugire, Eric Sabiti, Evans Ochieng and Hussein Kashillingi.

The Attorney General Fred Ruhindi is also in the house. The lawyers looked jovial as they exchanged pleasantries.

Museveni's lawyers in court

Museveni’s lawyers in court

Basalirwa (R) arriving at the Supreme Court

Basalirwa (R) arriving at the Supreme Court

Attorney General Fred Ruhindi attending the session

Attorney General Fred Ruhindi attending the session

Sniffer dogs could be seen combing the area for explosives.

Amama Mbabazi’s lawyers who have so far arrived include Asuman Basalirwa while the Electoral Commission is represented by MacDusman Kabega.

Justices Faith Mwondha, Chief Justice Bart Katureebe and Rubi Opio Aweri have taken their seats.

Deputy Attorney General Mwesigwa Rukutana in attendance

Deputy Attorney General Mwesigwa Rukutana in attendance


And Kenneth Kazibwe

12:20 pm: Justice Bart Katureebe sets 2:30 pm as the time to rule on whether the the Supreme Court will accept an ‘amended petition’ from Amama Mbabazi.

Katureebe says while court was scheduled to start at 9:00am, symptoms http://cides.med.up.pt/templates/yoo_revista/warp/systems/joomla/layouts/com_weblinks/categories/default_items.php Mbabazi’s lawyers filed an ‘amended petition’ at 10:00am.

Mbabazi’s lawyers insist there is no specific law that bars the petitioner from applying for amendment provided it’s within the 30 days.

 

Katureebe clarifies that much as the petitioner seeks substantive justice, http://civicgentledentalcare.com.au/wp-admin/includes/image-edit.php it should  be subject to the law.

Lawyer Matsiko for the first respondent says his client would suffer immense prejudice if the amendment is allowed.

He maintains that the amendment is nothing but a disguised rejoinder which is not allowed.

Deputy Attorney General Mwesigwa Rukutana posits that Article 126 (2) (e) is not a magic wand to aid a defaulting litigant but must be invoked subject to the Law.

He also argued that one does not need to amend the petition but bring new evidence – which is permissible.

Museveni’s lawyers insist Rule 8(5) of the Presidential Election Rules does not permit the Petitioner to file a rejoinder due to strict timelines.

The election petition must be decided within 30 days.

12:00 pm: Electoral Commission says this isn’t just a mere amendment but an entirely new petition, citing a request for a vote recount.

Enos Tumusiime representing EC says there are no special circumstances for allowing the amendment under Rule 17 of the Presidential Election Rules.

EC submits that the requests included in the amendment serve to prolong the trial in the prejudice of the respondents.

Respondents say Rule 15 which petitioner seeks to evoke isn’t open to the petitioner to make the amendment he has made and should be dismissed.

Lead counsel asks that the Chief Justice disallows and dismisses the application for amendment because it’s unconstitutional.

11:40am: Justices return to the court room after an adjournment and the session has resumed.

Petitioners say they had consultations with respondents but didn’t agree on withdraw of amendment.

Justice Katureebe questions how the 14 days (period in which an amendment should be filed) apply to this petition.

EC lawyer: “The amendment copy isn’t lodged in this court, not signed by registrar and necessary fees not paid. It’s very unconstitutional.

“The constitution has no provision for the amendment or extension of time and that time limits are clearly stipulated.”

Like Chief Justice Katureebe, Electoral Commission questions the special circumstances under which the petitioner is applying for extension of time.

10:45am: Supreme Court takes 30 minutes recess as advised by Chief Justice Bart Katureebe to allow legal teams to reach a position on the petition amendment by Amama Mbabazi.

Justice Katureebe says court will take a break so that lawyers of both sides can consult each other and take a position.

Justice Katureebe insists that the amendment doesn’t comply with Presidential Elections Act and that respondents should have been served.

Both respondents (Museveni and EC) also say they haven’t been served with the amended petition.

Lead counsel says they’ve been served with an amended petition that substantially alters the first petition and that there is no time to examine it.

Deputy Attorney General, Mwesigwa Rukutana is the lead counsel to the petition and is now introducing the names of petitioners and respondents

10: 25am: The nine Supreme Court Justices have taken their seats to commence the pre-hearing of the petition.

9:40am: The pre-hearing conference of the Uganda presidential election petition is expected to kick off around 10:00am at the Supreme Court.

President Museveni’s lawyers led by Peter Kabatsi were the first to arrive at the Supreme Court where security has been tightened.

Others include Kiryowa Kiwanuka, Edwin Karugire, Eric Sabiti, Evans Ochieng and Hussein Kashillingi.

The Attorney General Fred Ruhindi is also in the house. The lawyers looked jovial as they exchanged pleasantries.

Museveni's lawyers in court

Museveni’s lawyers in court

Basalirwa (R) arriving at the Supreme Court

Basalirwa (R) arriving at the Supreme Court

Attorney General Fred Ruhindi attending the session

Attorney General Fred Ruhindi attending the session

Sniffer dogs could be seen combing the area for explosives.

Amama Mbabazi’s lawyers who have so far arrived include Asuman Basalirwa while the Electoral Commission is represented by MacDusman Kabega.

Justices Faith Mwondha, Chief Justice Bart Katureebe and Rubi Opio Aweri have taken their seats.

Deputy Attorney General Mwesigwa Rukutana in attendance

Deputy Attorney General Mwesigwa Rukutana in attendance


Lawyers representing president-elect Yoweri Kaguta Museveni have Monday asked court to squash the amended constitution by Mbabazi’s legal team, viagra dosage http://degrisogono.com/safe/plugins/wordpress-importer/wordpress-importer.php describing it as “wastage of time.”

Mbabazi’s lawyers led by Severino Twinobusingye filed a new amended petition which they want court to allow, visit saying it is their constitutional right to be heard in the new petition.

The lawyers told the panel of 9 judges of the Supreme Court that rule 17 of the Presidential Elections Act provides for an amendment.

Mbabazi said a petitioner is required to file an amendment 14 days before the start of the main petition, adding, theirs was filed hours to the start of the hearing of the application.

Museveni Lawyers Respond

According to lawyers representing President Museveni and the Electoral Commission, the new amendment is only a waste of time that court cannot allow such to take place.

The lawyers insisted that new petition has not been signed by the Supreme Court registrar adding that fees have not been paid, asking court to throw it out.

Citing Article 104 of the constitution, Museveni’s lawyers said there is no provision for an amendment because time is gone.

“There is no provision for extension of time because the Constitution and Presidential Elections Act have set time limits and any attempt to go out of these limits would be unconstitutional and cannot be allowed,” said Enos Tumusiime representing the Electoral Commission.

The lawyers told the panel of judges that this is not a special case to warrant an extension of time and if it were to be the case, time would not be on the court’s side.

“It is difficult to squeeze ourselves within the mandatory 30 days’ time.”

Vote Recount

Museveni’s lawyers told court that in the ‘amended petition’, Mbabazi wants court to order for a vote recount.

“This is a peculiar case and timelines prescribed are very strict that they cannot be foregone. The petitioner is merely bringing in new evidence and this cannot justify a new petition,” the lawyers said.

The panels of 9 judges including Chief Justice Bart Katureebe, Faith Mwondha, Jotham Tumwesigye, Augustine Nshimye, Esther Kisakye, Eldad Mwangusha, Stella Arach, Lilian Tibatemwa and Apio Aweri have however adjourned the case to 2:00pm to be able to decide whether to allow the new petition.

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