Kawempe North Member of Parliament, Muhammad Ssegirinya has won the first round in the case challenging his election after court dismissed an application in which his rival Sulaiman Kidandala was seeking permission to access the visitors’ book at Kitalya.
Kidandala who came second with 7,512 votes dragged Ssegirinya who won the seat with 41,197 votes to court for lack of requisite academic qualifications.
The Electoral Commission asked court to dismiss the case since Ssegirinya, the beneficiary of the election was never served with documents to challenge his election.
However, Kidandala’s lawyers asked court to issue an order forcing Kitalya prison where Ssegirinya was incarcerated to produce its registration to book to ascertain whether Kidandala’s lawyers ever appeared to serve him or prison authorities.
On Friday, the Electoral Commission lawyers asked court to dismiss the application that they said had no merit.
In her ruling, Justice Henrietta Wolayo said such an application by Kidandala’s lawyers came out of the blue and consequently could not succeed.
The judge consequently dismissed it.
The development means that Ssegirinya has won the first round in the petition challenging his petition since Kidandala’s lawyers sought to use the registration book for Kitalya prison as evidence to prove to court that his rival was duly served with the petition while in prison.
Court is yet to hear and decide the other application in which the Electoral Commission is seeking to have Kidandala petition challenging Ssegirinya election dismissed for lack of service to the respondent(Ssegirinya.)