Vice President Edward Kiwanuka Sekandi on Friday told High Court in Kampala that his former rival, Jude Mbabali withdrew the election petition against him with consent in an open court.
Sekandi says Mbabali was not influenced but rather acted out of his own volition and on advice from Buganda Kingdom and church leaders. Sekandi added that the promise to create a constituency for Mbabali may have also made him to withdraw the petition.
Sekandi, who was in court but spoke through his lawyer Kiryowa Kiwanuka, argued that it is in bad taste for the voters to reinstate a petition which was withdrawn by consent.
In March this year, Mbabali dragged Sekandi to court challenging his election as Bukoto Central Member of Parliament over allegations of electoral malpractices and corruption. Mbabali accused the VP of bribing Tugume Mugisha, the Masaka Electoral Commission returning officer.
But on July 25th 2011 Mbabaali withdrew the petition from Masaka High Court where it was being heard by Justice Elizabeth Musoke claiming that he had lost interest. Mbabali alleged that John Baptist Walusimbi, the Katikiro of Buganda and John Baptist Kaggwa, the Bishop of Masaka Diocese had asked him to withdraw the petition because it would embarrass the vice president who is a member of the Catholic Church.
However, after withdrawing the petition, four voters from the constituency decided to revive the case against Sekandi. The voters, three of whom have each sworn affidavits in support of the application, were key witnesses in the earlier petition. They want court to substitute them as the petitioners in Mr Mbabaali’s place.
The voters argue that they were aggrieved by the manner in which Mbabali withdrew the petition against Sekandi. They claim they were not notified of the planned withdrawal for them to apply to be substituted petitioners.
Justice Elizabeth Musoke set January 17th 2012 to deliver the ruling on the matter.
