The High Court in Kampala has thrown out a case, in which a man had challenged the election of Uganda’s nine representatives in the East African Legislative Assembly(EALA).
Daniel Muwonge Mugwanya who lost petitioned the court challenging the election of Rose Akol, Dennis Namara, James Kakooza, George Odongo, Paul Musamali, Mary Mugenyi, Veronica Babirye, Jacqueline Amongin and Gerald Siranda saying he was not satisfied with the manner of the campaigns, election process and conduct of the September, 29, 2022 polls.
He argued that through the conduct of campaigns, availing election materials and elections, the East African Community and the Ugandan government through the Clerk of Parliament of Uganda together with Speaker of Parliament grossly failed in their mandate of organising free and fair elections and that there were several election illegalities and irregularities.
He argued that the designing of the ballot paper indicated a premeditated winning chronology as designed by the Speaker together with Clerk of Parliament in their execution of duties in relation to the said election.
The petitioner also argued that on the voting day, there was ballot stuffing prior to the election time while Ugandans government through the Speaker and Clerk of Parliament of Uganda went about the entire electoral process with incompetence, glaring bias, impartiality, malafide and prejudice against Mugwanya’s candidature in preference of other candidates as they appeared on the ballot paper in a weird order of the subsequent declaration of their winning. T
He added that the candidates were not given equal platform prior to elections as the elections started prior to their campaigning opportunity and automatization of Members of Parliament with the ballot papers.
However in his judgement, High Court judge, Musa Ssekaana ruled that whereas the petition held water, it was filed late.
The judge explained that the petition was filed on November, 29, 2022 and the notice of presentation of the petition was filed on December, 2, 2022 after the elapse of the mandatory time .
“ The said petition ought to have been filed within 30 days after the issuance of the results in the gazette on September, 30 2022. The last possible date for the filing of any election petition challenging the election should have been October, 30, 2022. It is clear that by the time the election petition was filed it was outside the prescribed timelines of 30 days,” Ssekaana ruled.
He said a petition seeking interference must strictly conform to the requirements of the law, warning that courts have to guard against petitioners who want to extend their election grievance outside the timeframe allowed under the law.
“An election petition filed beyond time has to be dismissed limine. The court has no power to condone the delay under any circumstances. Similarly, a petition cannot be filed earlier than the date of publication of the successful candidates. The right to file a petition just like the right to stand in an election are a creature of statute or special law and must be subject to the limitation imposed by it.”
Consequently, the judge threw out the petition with costs against the petitioner.