The pre-hearing session for the petition filed by National Unity Platform’s Robert Kyagulanyi challenging President Museveni’s election will be held today by the Supreme Court.
A pre-hearing conference is one where parties involved in a case meet with judges to determine a number of issues before the case hearing begins.
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The subjects addressed at the prehearing conference vary significantly from one case to another depending on the nature of the issues and the number of parties involved.
In some cases, it may be necessary to establish a detailed schedule of prehearing procedures, including deadlines for the filing of intervention petitions, motions, and prefiled testimonies.
In today’s session, lawyers from both sides will meet the panel of nine justices to iron out a number of issues before coming up with a common ground on the procedure to follow while hearing the petition.
Petition
In the petition, Kyagulanyi who came second in the 2021 presidential election with 3631437 votes representing 35.08% of the total valid votes says the campaigns and the subsequent elections were not free and fair, rendering the outcome nugatory.
“The election was invalid on grounds that it was not conducted in accordance with the principles laid down in the provision of the Constitution of the Republic of Uganda, the Presidential Elections Act and the Electoral Commission Act,”Kyagulanyi says.
The presidential candidate in just concluded election says that his campaigns were always disrupted by police and on many occasions, they never happened, despite clearance from the relevant authorities.
“Contrary to section 3 and 2 of the Presidential Elections Act, officers of the Uganda Police Force and the UPDF on several occasions and in several parts of the country prevented the petitioner from carrying out his nationwide consultations in preparation for his nomination as a presidential candidate.”
In the petition, President Yoweri Museveni, the Electoral Commission and the Attorney General are respondents.
Lawyers
In this case, Museveni is represented by lawyers from K &K Advocates including Kiryowa Kiwanuka, Ebert Byenkya, Edwin Karugire and Usaama Ssebuufu whereas Joseph Matsiko, Elison Karuhanga, Eric Sabiiti, Alfred Okello Oryem and Jet Tumwebaze represent Electoral Commission.
The Attorney General’s office is represented by William Byaruhanga, Francis Atooke, Christine Kaahwa, Martin Mwambutsya and George Kalemera.
On the other side, Kyagulanyi’s lawyers include Medard Sseggona, Sam Muyizzi, Anthony Wameli, Fredrick Kalule,Abdalla Kiwanuka, Abubaker Ssekanjako, Sulaiman Kakaire and Ukasha Ssekajja.
Justices
The panel of nine justices to preside over the case include the Chief Justice Alphonse Owiny-Dollo, Faith Mwondha, Lillian Tibatemwa Ekirikubinza, Paul Mugamba, Esther Kisaakye, Stella Arach Amoko, Rubby Opio Aweri, Percy Tuhaise, Mike Chibita and Ezekiel Muhanguzi.
