The Masaka Chief Magistrate’s Court has dismissed an application seeking to halt the hearing of the Kalungu West parliamentary election petition and ordered that the case proceed.
The petition was filed by independent candidate Ismael Ssemakula against National Unity Platform (NUP) candidate Joseph Gonzaga Ssewungu, who was declared winner of the Kalungu West seat in the recent elections.
Presiding Chief Magistrate Herbert Asiimwe ruled that the petition was properly filed in Masaka, rejecting objections raised by Ssewungu’s legal team.
Lawyers representing Ssewungu, led by Caleb Alaka, argued that the petition should have been filed in Kalungu District’s Chief Magistrate’s Court, claiming Masaka lacked jurisdiction.
However, Ssemakula’s lawyers, led by Ambrose Tebyasa, countered that the Kalungu Chief Magistrate’s Court was not operational at the time the petition was filed, making Masaka the appropriate forum.
Chief Magistrate Asiimwe stated that determining whether a court is operational is a responsibility of the judiciary, not individual litigants.
He confirmed that the petition was lodged in the proper court and dismissed Ssewungu’s objection, allowing the hearing—including a request for a vote recount—to proceed.
The petition follows a closely contested election, where Ssewungu polled 10,106 votes and Ssemakula 10,060, leaving a margin of just 46 votes.