Court dismisses application seeking to block elections in new constituencies

The High Court has dismissed with cost, an application in which a city lawyer sought for an interim order halting nomination and any election related activity in the 89 newly created counties which automatically translate into new constituencies.

Ben Muhumuza wanted court to order the Electoral Commission to halt nominating any candidates for parliamentary elections in the new constituencies.

On Friday, Justice Musa Ssekaana of the Civil Division of the High Court threw out the application saying he cannot stop an electoral process which has already been in motion and the roadmap has already commenced.

“An election is like a following river which cannot be stopped otherwise it would be recipe for confusion and has dire financial consequences to the government and the parties involved in the electoral process,”Ssekaana said.

The judge explained that the wider public interest of the bigger group of people who want the elections to continue so that they can exercise their right should be considered, other than one person who wants the process stopped.

“The Electoral Commission should not be prevented from exercising its constitutional mandate of organizing elections in the entire country unless the applicant can establish a prima facie case that they are acting unlawfully and contrary to the law.”

“The Electoral Commission is the pivotal figure in matters of elections and has the power to act in accordance with the Constitution and other enabling laws. It should not be restrained on flimsy grounds and without sound basis.”

Justice Ssekaana explained that the lawyer has nothing to lose if the elections continue, save for his own personal interest, noting that the applicant does not represent anyone else, apart from himself.

He said an individual cannot be favoured at the expense of the other members of the public.

“It is further clear that more than half of the constituencies have already had members of Parliament in their constituencies and stopping them now would be a breach of their legitimate expectation and their right to vote or representation to Parliament.”

“In the premises, I decline to grant the interim order and the application is dismissed with costs to the 1^st and 3^rd respondents.”

The case

In the main case, Ben Muhumuza argues that the procedures adopted by the Minister of Local Government, Cabinet and Parliament in creating new counties after the commencement of the Local Government (Amendment Act 2013) was illegal.

He wants court to declare that the creation of the new constituencies was illegal.