The embattled Rubaga North MP, Singh Marwaha Katongole has taken the battle for the MP seat to the Court of Appeal.
The embattled Rubaga North MP, Singh Marwaha Katongole has taken the battle for the MP seat to the Court of Appeal. The MP filed a notice of appeal on Wednesday saying he was dissatisfied with the ruling at High Court that threw him out of parliament.
Katongole through his lawyers Bwambale, Musede and Company Advocates contends that he intends to appeal the whole decision made on Monday.
On Monday, Kampala High Court reinstated Moses Kasibante as the winner of the controversial Rubaga North Parliamentary elections.
Justice Kibuuka Musoke, ruled that the petitioner was validly elected MP for Rubaga North constituency, and made an order that Singh Marwaha Katongole vacates the seat immediately.
Justice Musoke also ruled that the costs of the petition should be met by the electoral commission and Katongole.
Kasibante, a former journalist petitioned High Court on February 28th after a controversial vote recount overturned his election victory in the February 18th polls. Mengo Chief Magistrate Phillip Odoki ordered the recount even after the High Court issued an injunction blocking the exercise.
But Justice Musoke ruled that the vote recount was null and void and Phillip Odoki misdirected himself fatally by accepting a vote recount in the absence of Kasibante’s agents. The judge further argued that by issuing such an order for the recount, the chief magistrate was abdicating his powers to the returning officer of the electoral commission.
Justice Musoke noted that according to the law, no court can assign jurisdiction to another person or body, adding that the chief magistrate’s action tainted everything that followed the recount.
The judge described Molly Mutazindwa, the electoral returning officer for Rubaga as a liar. According to Justice Musoke, Mutazindwa who presided over the vote recount, went and picked ballot boxes for the then KCC offices and transferred them to Mengo for a recount even without the magistrate, yet it is a legal requirement that the chief magistrate was the one to conduct the vote recount.
The notice of appeal is to be served to Kasibante’s lawyers and the registrar of court of appeal.
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