The High Court in Kampala has this morning dismissed the petition which was challenging the election of Muhammad Ssegirinya as Kawempe North Member of Parliament.
Electoral Commission which was listed as a respondent filed an application asking court to dismiss the petition since Ssegirinya had not been served with the petition.
Kidandala’s lawyers insisted that when they took the petition to Kitalya prison where Ssegirinya was incarcerated, he refused to receive the documents but insisted they had served him.
However, today Justice Henrietta Wolayo ruled that there is no evidence by Kidandala’s lawyers to prove that Ssegirinya was served as required by the law and hence dismissed the case.
According to the judge, there was no effective service making Kidandala’s petition redundant since it cannot stand on record per rules governing Parliamentary Election Petitions .
Eric Sabiti the Electoral commission lawyer had asked Court to dismiss the said petition on grounds that Kidandala and his legal team had failed to comply with the Court Order to serve as issued by Court.
He added that the petitioner committed an error in serving and could not seek justice legally and that as it stands there is no petition against Ssegirinya.
Kidandala wanted Court to nullify Ssegirinya’s Victory on grounds that he lacked Academic qualifications.He further says will be appealing the said judgement in the Court of appeal.
The ruling has been read by the Court’s registrar Agnes Alum.
