Sejusa, Kato Lubwama cases on the card as Court of Appeal handles 59 matters in three weeks

The Court of Appeal will today, Thursday) start handling a new Civil Appeals session where a total of 59 matters will be disposed of.

The cases will include 42 civil appeals, 12 civil applications, three election petitions and two election petition applications.

The election matters arise from the 2011 and 2016 general elections and subsequent by-elections.

According to the Court of Appeal registrar, Susan Kanyange,  the three-week long session will be presided over by Justices; Christopher Madrama, Irene Mulyagonja and Monica Mugenyi.

Among the prominent cases to be heard is one  where the Attorney General is appealing the decision of the High Court declaring that Gen David Sejusa was no longer a serving officer of the Uganda People’s Defense Forces.

In 2016, the High Court observed that Gen Sejusa was entitled to constructive discharge from the army since he wasn’t receiving a salary and other benefits.

Government challenged the decision and seeks to have it overturned by the Court of Appeal.

On the side of election petitions, the appeal by former Lubaga South MP Paul Kato Lubwama over his academic papers will be handled.

In his election petition, the voter Habib Buwembo contends that  Kato Lubwama lacked the Primary Leaving Examinations certificate (PLE), Uganda Certificate of Education (UCE), and the Uganda Advanced Certificate of Education (UACE) or its equivalent, to qualify as Member of Parliament.

The other  matter is that of former legislator Mwiru Paul who is appealing the decision of the National Council for Higher Education for unlawful cancellation of academic papers.

The Court will also hear the matter in which former Bubulo West MP, Tonny Nsubuga Kipoi contested the decision by the High Court declaring his nomination and election invalid on the ground that at that time he lacked the required academic qualifications.

Kipoi and Tonny Waluku Wataka together with others contested in the February 2011 Parliamentary elections for Bubulo West Constituency, which Kipoi won.

However, being dissatisfied with the results, 803 voters including Wataka, petitioned the High Court at Mbale arguing that Kipoi was not validly elected.

The court’s registrar  said much as these are public interest cases, the court will follow guidelines issued by the Chief Justice in conducting court business amidst the Covid-19 pandemic.