The High Court in Kampala has thrown out an application in which a party member sought for interim orders to have the ongoing NRM primaries for the different positions halted.
Jackson Ntwatwa file an application seeking for an interim order halting all the other party primaries until a case in which he is challenging the election of the incumbent, Eng. Kafeero Ssekitoleko as the Nakifuma constituency flagbearer in which he lost is disposed of.
However, in his ruling, Justice Michael Elubu ruled that since Ntwatwa is not a candidate in the other elections in the party primaries, halting them would not benefit him in any way.
“It is difficult to see how maintaining the schedule for the remaining elections, as it stands, poses a threat to the hearing of the substance of his main application,”Elubu said.
“Additionally in an application for an interim order the Court would look to preserve the status quo pending the determination of the main application. The status quo, which would maintain the current and prevailing circumstances, is that the elections for MP Flag bearer have already been held. The rest of the elections road map is being implemented. Again in the opinion of this Court, maintaining this status quo cannot amount to stopping all upcoming elections.”
Justice Elubu explained that there is no evidence to show that allowing the other elections in the party primaries would in any way harm Ntwatwa’s main case in the court.
“The polls for which he held an interest have already been held. It has been shown above that there is no benefit to his claim in halting the entire electoral process. The injustice would therefore be visited on the respondent should this application be granted. The bigger inconvenience, or the risk of doing injustice is against the respondent and the balance of convenience is in favour of the respondent,”Elubu said.
In the main suit, Ntwatwa argues that the NRM electoral commission was incompetent in organizing the elections which also saw him lose and wants court to declare the election of all NRM flagbearers conducted on September,4 illegal, irregular and of no consequence.