Former MP Wakayima Survives Arrest Top story

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In short
Musoke told court that he has doesnt have money at the moment to clear the debt, saying whatever he paid in the past was contributed by his voters. He asked court to give him a grace period to clear the money in installments before the end of August.

The embattled former Nansana Municipality Member of Parliament, Musoke Nsereko Wakayima has survived arrest for alleged failure to clear costs resulting from an election petition. The costs stem from a petition Musoke filed in the Court of Appeal challenging a High Court judgment by Justice Vincent Okwanga declaring his National Resistance Movement-NRM party rival, Robert Kasule Ssebunya as the duly elected Nansana Municipality MP.

 
Electoral Commission has initially declared Musoke winner of the 2016 Nansana municipality parliamentary seat with 25,053 votes against Ssebunya's 23,415 votes. However, Kasule petitioned High court on grounds that that the elections didn't comply with the electoral laws and asked court to declare him winner.

 
He also accused Sarah Bukirwa, the then Wakiso District Returning Officer of irregularly cancelling results from 24 polling stations with a total number of 7,239 voters. Justice Okwanga delivered judgment in Kasule's favor prompting Wakayima to run to the Court of Appeal. However on September 15th 2017, a panel of three Court of Appeal Judges led by the former Deputy Chief Justice, Steven Kavuma, Cheborion Barishaki and Hellen Obura, ruled that Nsereko was erroneously nominated to contest for the seat.

 
They argued that the name Wakayima Musoke Nsereko, which the applicant used for his nomination, doesn't appear on the voter's register.  They said the name that appears on the register and national identity of the applicant is Musoke Hannington Nsereko, which contravenes electoral laws. 


''I find that the purported change of names null and void", said Deo Nizeyimana, the Deputy Registrar while reading the judgment on behalf of the panel. He said Musoke was unfit to be a law maker and ordered him to pay costs of the suit to Kasule. Kasule's lawyer presented a bill of Shillings 153 million. Musoke paid Shillings 140 million and remained with a balance of Shillings 12 million, which he has since failed to clear. 

On May 29th, 2018, Kasule through Gordon Twinamatsiko from Tropical General Auctioneers secured a warrant for Musoke's arrest from the Court of Appeal Registrar.  The bailiffs intercepted Musoke when he turned up at the Constitutional Court on Wednesday to follow the proceedings of an application filed by his voters seeking an interpretation of the Constitution, the Parliamentary Elections Act and the Court of Appeal judgment, which ejected him from parliament. 

The bailiffs grabbed Musoke who was surrounded by his voters and dragged him to the court amidst protests from the voters. They led him to the court Registrar, Esther Nambayo. Kasule's lawyer, Kennedy Ben Lule told the registrar that they are appearing for committal proceedings, and asked court to remand Musoke for six months for failing to pay the balance of Shillings 12million.

 
In his defense, Musoke told court that he has doesn't have money at the moment to clear the debt, saying whatever he paid in the past was contributed by his voters. He asked court to give him a grace period to clear the money in installments before the end of August. 


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Nambayo accepted Musoke's plea and directed the two parties to return to court on September 3rd 2018 to update court on the payment. Earlier on Nambayo adjourned the hearing of the petition by the voters to June 26th, saying there was no evidence showing that the applicants served the respondents including Electoral Commission and Attorney General.