Kampala High Court on Tuesday dismissed an election petition against Vice President Edward Kiwanuka Ssekandi filed by voters in Bukoto Central Constituency in Masaka district.
Jude Mbabali, Ssekandi’s main challenger in the February 2011 general elections dragged Ssekandi to court on allegations of voter bribery. But on July 26th 2011, Mbabali withdrew the petition after reaching a settlement out of court. Mbabali said that he withdrew the petition after being advised by the Catholic Church and Buganda Kingdom officials to do so.
But the voters led by Barbara Kabejja, Robert Kasita and Charles Samula were not contented with the two parties reaching a settlement. They consequently filed a fresh petition in Kampala seeking to reinstate the petition.
In her ruling Justice Elizabeth Kibuuka Musoke said the three voters had no business in an election petition where they did not participate as candidates. She said election disputes involve candidates and the Electoral Commission.
She added that the election petition against Ssekandi had been lawfully withdrawn in Masaka court after a successful settlement between Mbabali and Ssekandi.
She noted that it is an abuse of the court process for Mbabali and his voters to turn around seeking to reinstate the same petition whose withdraw Mbabali initiated.
Justice Musoke dismissed the petition with costs, ordering the voters to pay Edward Ssekandi the court expenses.
After the ruling Ssekandi described Jude Mbabali as desperate man who wanted to profit from the case alleging he is unemployed and redundant. Mbabali on the other hand says he is a qualified advocate who is seeking justice. Mbabali says he is ready to advise his voters to appeal in the court of appeal.
