HIGH COURT DISMISSES KATO LUBWAMA APPEAL

.

By kabuye Ronald 05/01/2017

High court judge Justice Magret Oumo Oguli has dismissed an application by the Rubaga South Member of parliament Hon. Paulo Kato Lubwama seeking to appeal against her ruling in which she allowed his electorate Buwembo Habib to fail an election petition challenging his victory out of the stipulated time provided by the electoral laws on grounds that his academic papers are wanting. While delivering her ruling Justice Oguli said that there is no provision in the law that allows Kato lubwama to file an appeal against a ruling of such nurture at this stage but rather after the case has been disposed off. Meanwhile Kato Lubwama appealed to his electorates to remain calm since it might court the entire term to dispose of the matter which leave him in parliament. In the same way his lawyers led by Asuman Basalirwa vowed to appeal the ruling in the court of appeal. “we are going to the court of appeal to not only ask for leave from the court of appeal but also to stay the hearing until the court of appeal has heard our appeal and as you are aware this appeal has potential to go up to the supreme court, so we are going file our petition by the end of today.” Said Basalirwa In the earlier ruling while granting an extension of time to file an election application, Justice Oguli said she established that the reason it took 7 months for Buwembo to file the petition was because the responsible parties had initially refused to produce the evidence he was to rely on in the case. These she said included Old Kampala Secondary School, UNEB, Makerere University and the National Council of Higher Education She added in her ruling, “The respondent (Kato Lubwama) also told lies in his the statutory declaration when he confirmed on oath that he had a Uganda Certificate in Education (UCE) yet the letter from UNEB dated 7th October 2016 stated that his certificate was not available and he didn’t qualify for any which was never rebutted.” The judge however disagreed with the petitioner Buwembo on the claim that he was financially incapacitated to hire an advocate until he received support from Legal Aid Brain Trust. She nonetheless pointed out that Buwembo had been proven to be a voter from Lubwama’s constituency, and therefore illegible to file the election petition. Justice Oguli further granted costs of this application to Buwembo whereas each of his two counsels was also granted certificates

A

Be the first to comment

Leave a Reply

Your email address will not be published.


*