Hearing of the election petition filed by Moses Kasibante against Rubaga North MP Singh Katongole started with Kasibante maintaining he was the winner of the election.Kasibante told court that the returning officer first declared him winner after receiving votes from 134 out of the 141 polling stations in the division.
He told court, that he beat Singh by 4458 votes, however, his victory was overturned by an illegal vote recount which affected him substantially. This was despite a court order secured by Kasibante blocking the recount.
Kasibante adds that while the recount was taking place Phillip Odoki, the Mengo chief Magistrate was locked up in his chambers instead of over seeing the recount.
The court session turned rather tense when Justice Moses Kibuuka had to intervene to protect Kasibante from questions put to him by Singh’s lawyer James Akampumuza.
Akampumuza asked Kasibante to explian why he was declared winner, yet all the results had not been returned.
Kasibante tendered to court a press release written and signed by Elias Kisauwuzi the Public relations officer of the Judiciary. The press release disowned the vote recount and noted that court orders are not issued in vain.
Akampumuza asked Kasibante whether he had the original copy of the release. He also asked him to explian how he found out that court had ordered for a recount and what the tally sheet indicated.
Justice Kibuka however intervened and asked Akampumuza to stop misdirecting his questions and wait for the relevant witnesses before court. He also asked him to stop putting words in Kasibante’s mouth and use the documents such as the tally sheet because it speaks for itself.
Kasibante dragged MP Singh Katongole to court, following a controversial vote recount exercise.
In his petition, Kasibante accuses Electoral Commission officials and Katongole of conniving with Katongole to rob him of his victory through an illegal vote recount exercise.
Kasibante maintains that the Returning officer Kampala conducted the recount illegally and went ahead to declare Singh as MP. This was done without informing Kasibante, yet the votes were wrong returns of the purported votes in contravention with the Parliamentary Act. He also told court that the illegality of the vote recount led to rigging and his declaration cancelled in favour of someone else.
Hearing of the case continues on Tuesday, with the EC lawyer Enos Tumusime, Medard Segona for Kasibante, Fox Odoi and Akampumuza cross examining Kasibante again.
The Lord Mayor Erias Lukwago is also expected to take the stand as Kasibante's witness.
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rubaga north constituency
kampala high court
justice kibuuka musoke