Sulaiman Kidandala the petitioner in the Election petition challenging the victory of the Kawempe North MP Muhammed Ssegirinya has vowed to appeal the court’s ruling.
Kidandala appeared for the court’s ruling clad in a black suit and accompanied by his wife who wore a matching black suit.
The Electoral Commission as respondents in the petition was represented by Eric Sabiti
However, neither Segirinya nor his lawyers were present for the court’s ruling.
After the high court trashed the petition a disgruntled Kidandala was quick to exit the court chambers, denying anyone access to an interview like usual.
But his lawyer Paul Kakande spoke to the media shortly after and revealed he had been instructed to file an appeal to the court’s ruling.
Kakande said:’‘ to the effect that the election petition number 5 of 2021 was not effectively served, we have received instructions from our client who was a respondent in the application to appeal against the ruling of the judge”.
Today, the court presided over by the assistant registerer Agnes Alum on behalf of Justice Henrietta Wolayo ruled that Ssegirinya was not effectively served.
The ruling read that Ssegirinya was meant to be served personally and not or through the Officer in Charge-OC of prisons.
The ruling read; “The OC of Kitalya prison had to endorse the petition to prove that he had been served“This means there was ineffective service. Having found the petition redundant and a non-starter for lack of service, it is struck off the record,”.
EC lawyer Eric Sabiti was delighted with the court’s ruling saying it was effective.
Sabiti who had applied for a withdrawal of the petition, says Ssegirinya is now the duly elected Member of Parliament for Kawempe North Constituency.
He explains;” if you read the order that was given to the court for service, the petitioner had not complied with the order, so my argument was, had they not come to court, to seek justice when they had not complied with the court directives, am very impressed that the trial judge evaluated the evidence and the application and dismissed the case.”
Prior to that, the Kidandala ‘s lawyers had requested the high court to permit them through a court order to go to Kitalya to inspect the books and cameras as proof that their advocate went to Kitalya as well as phone reports.
Kindadala’s lawyers led by Kenneth Paul Kakande asked judge Wolayo to grant them a warrant to prove Ssegirinya was served.
Kidandalaparticipated in the Kawempe North parliamentary elections where he polled 7,512 votes against Ssegirinya who emerged winner with 41,197 votes.
By Rashidah Nakaayi
