COURT: Latest Mbale High Court Election Petition Rulings

By Wetondo Denis Julius




Mbale high court on Friday last week dismissed the election petition filed by Mr Watila Wilson challenging the victory of David Wandendeya Wakikona for Bukigai constituency in Bududa district.


Mr. Watila, the former LC5 chairman of Bududa district who contested with Wakikona in the parliamentary seat for Bukigai County lost the race and ran to Mbale court challenging the results.


Mr Watila was alleging that Wakikona was not properly nominated arguing that Wakikona uses different names which is illegal. The names he used in S4 read Wakikona Wandendeya, S6 reads Wakikona Wandendeya David, Soroti flying school reads Wakikona D Wandendeya and Advanced flying Certificate was only reading Wakikona David.


However, Wakikona’s lawyer, Counsel Macdusman Kabega from Tumusiime, Kabega Co. Advocates said that the commissioner who filed the petition had no practicing certificate at the time of filing the petition.


“The issue of nomination of candidates is handled by Electoral commission therefore, Watila should have written his complaint to EC not court.” Kabega said.


Watila lawyers had argued that the commissioner of oaths had filed the application to the law council in the second week of March 2021.


Wakikona’s lawyers also argued that the period was between January and February therefore at the time of filing the petition it was outside the grace period and did not seek leave of court.


Justice Joyce Kavuma, agreed with Wakikona’s lawyers and struck out the petition with costs saying the petition was incompetent.


Meanwhile, former MP for Bunyole West, James Waluswaka this morning 6th September 2021 withdrew a petition he filed against Geoffrey Mutibwa, the incumbent MP.


According to Honorable Mutibwa who spoke to this website shortly after the petition withdraw, Waluswaka was forced to withdraw the petition because he failed to produce evidence in court.


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