The High Court in Kampala on Tuesday threw out an election petition case filed against Nansana Municipality MP Hannington Musoke Nsereko Wakayima challenging his academic qualifications due to discrepancies in his names.
Wakayima’s victory was challenged by Hamis Musoke Walusimbi who accused him of lack of the necessary academic qualifications which included the necessary Uganda Certificate of Education (UCE) and Uganda Advanced Certificate of Education (UACE) qualifications.
However, Justice Henrietta Wolayo on Tuesday ruled that Walusimbi’s case was very weak and consequently, it can’t stand.
The Judge dismissed the petition noting that Wakayima possessed academic qualifications of UCE, UACE and a diploma in secondary education from the Institute of Teacher Education Kyambogo (ITEK).
The judge also noted that Wakayima was validly nominated and elected as MP for Nansana Municipality Constituency.
“I have analysed the evidential basis for the petitioner’s case and found it weak. The UCE, UACE and diploma in secondary education from ITEK were duly verified by the issuing authorities and therefore valid.
The first respondent published a deed poll that retained his old name Musoke Hannington and adopted two other names Wakayima Nsereko thereby fulfilling the requirements in the prescribed law and removing the disparity that had been pointed out by the Court of Appeal,” Wolayo said.
The judge noted that whereas Walusimbi challenged Wakayima’s academic documents over discrepancies, there is no evidence to show any other person who claims the documents.
“No one has turned up to claim to be Musoke Hannington and neither has anyone turned up to claim they know of Musoke Hannington who is being impersonated by the first respondent. These findings, lead me to one conclusion, that is, the petitioner has failed to satisfy me that the first respondent was wrongly nominated when he did not possess academic qualifications.”
The judge said Wakayima went through the right procedure to adopt the name Wakayima Musoke Hannington Nsereko and consequently renounced all the other names.
“It was never a question of validating academic documents but it was a question of compliance with legal requirements for change of name. This process did not take away the fact that the first respondent was one and the same person as Musoke Hannington who is named in the academic certificates and which names he retains.”
The judge ordered Walusimbi who was the petitioner to pay costs to Wakayima and the Electoral Commission.
Wakayima welcomed the ruling and noted it had reflected the true will of the people of Nansana.
