Court of Appeal throws out DP’s Musoke, declares NRM’s Kasule Nansana MP
Kampala, Uganda | GODFREY SSALI | Three Justices of the Court of Appeal have unanimously agreed with the High Court that Wakayima Musoke Nsereko doesn’t qualify to be an Member of Parliament (MP) for Nansana Municipality because he was nominated in error.
Wakayima’s petition was Friday dismissed on grounds that he is not a registered voter and therefore never qualified for nomination and election as Nansana Municipality MP.
Robert Kasule Sebunya (NRM) sued Musoke and the Electoral Commission and asked court to declare him the winner, saying his opponent’s election did not comply with electoral laws.
Wakayima had appealed against a ruling by the High Court in which Justice Vincent Okanga had declared NRM’s Kasule Robert Sebunya as the duly elected Nansana Municipality MP.
“Mr Wakayima was nominated in error as his name is not registered in the constituency’s voter register, it was the name of Musoke Hannington Nsereko which validly appears on the National Identification card. I find that the purported change of names is null and void,” the ruling reads in part.
Justices Steven Kavuma, Cheborion Barishaki and Helen Obura concurred with Justice Vincent Okanga and have now declared political Kasule as the duly elected MP since this particular name of Wakayima doesn’t appear in the entire voters’ register of that constituency.
The justices wondered why Wakayima applied for registration of the National ID in the names of Musoke Hannington Nsereko and didn’t insist on using the same names during voter registration and at nomination.
Court also noted that Siraje Sserwanga, the head teacher of Nagalama Secondary School where Musoke obtained his A Level certificate wrote contradictory letters to police certifying that Musoke Hannington Nsereko completed his A Level education at Nagalama Secondary School in 2005. He however, told police in the letter that he could not tress his former student’s file.
In another letter, Sserwanga wrote to police showing Musoke’s scores in the 2005 A Level exams which contradicted earlier information that Musoke’s file was missing.
They have also ordered Wakayima to pay Ssebunya costs both in the High court and Court of Appeal.
Ssebunya succeeded his father and former minister of state for Agriculture Dr.Israel Kibirige Ssebunya as the Member of Parliament for Kyadondo North Mp in 2008 following his death.
Wakayima was declared winner by the EC in the contest against Robert Kasule Ssebunya in the 2016 general elections to become the first MP for Nansana municipality, which was Kyadondo North until 2015 when it was granted a municipal status.
Speaking to journalists outside the Kololo based court, Wakayima said would use defiance to make Nansana municipality ungovernable by his predecessor who has now become his successor Robert Kasule Ssebunya.
“I cannot sit down as a spectator when the victory of Nansana municipality voters has been overturned,” adding that “Starting today, we are going to move throughout the whole constituency door-to-door and try to come up with a clear position on what next. We shall be informing people about the tricks and tactics being played by the government.”
Wakayima also lashed out at outgoing Deputy Chief justice Kavuma who headed the judges’ panel accusing him of bias in favour of NRM.
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