Kampala, Uganda | THE INDEPENDENT | High Court has allowed the lawyers of Sulaiman Kidandala, the first runner up in Kawempe North parliamentary elections to serve his rival, Muhammad Ssegirinya in Kitalya prisons. Kidandala is seeking to overturn Ssegirinya’s victory in the January 14, 2021 polls on grounds that he used forged academic qualifications for nomination and subsequent election as Member of Parliament.
However, Kidandala’s legal team comprising Caleb Alaka, Kenneth Paul Kakande and Fred Kato have been struggling to serve Ssegirinya who is on remand in Kitalya prisons where he was remanded for inciting violence. This prompted Alaka to seek court permission to serve Ssegirinya in Kitalya prisons or through newspapers. They argued that they had tried to in vain to serve Ssegirinya.
One of the lawyers, Alex Akena told the court that they tried reaching Ssegirinya through his known phone number but were informed by his brother that he was locked up at the Central Police Station in Kampala. According to Akena, he went to CPS Kampala to serve Ssegirinya but the investigating officer told him to wait and serve him at Buganda Road Court, which remanded him to Kitalya prisons for inciting violence.
He told the court that he went to Buganda Road Court but still failed to access the defendant for service. On Monday, Justice Emmanuel Baguma, the Deputy Head of the High Court Civil Division allowed the lawyers to serve Ssegirinya through the Officer in Charge of Kitalya prisons. Baguma also directed the High Court Civil Division Registrar Jameson Karemani to place another copy of the petition on the court notice board.
About the petition
Kidandala who lost to Ssegirinya wants to overturn his victory on grounds that he lacks the Ordinary and Advanced certificates and is therefore ineligible for election as MP.
He claims that Ssegirinya used the academic documents of Nampiima Sarah for “O” Level and Nabadda Maureen for “A” level and wants High Court to stop him from swearing-in and consequently order the Electoral Commission to organize fresh elections for Kawempe North.
He also claims that Ssegirinya is not a registered voter anywhere in the country and failed to obtain the names and signatures of a minimum of ten registered voters in Kawempe North to support his nomination.
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