Court dismisses application seeking to block elections in 89 constituencies

Kampala, Uganda | THE INDEPENDENT | The High Court has dismissed with costs an application in which city lawyer Ben Muhumuza wanted to block elections in 89 constituencies.

In his application, Muhumuza wanted the court to issue a permanent injunction restraining the Electoral Commission from nominating any individual or candidates for parliamentary elections in all constituencies created after July 26, 2013, the time the Local Government Act was amended.

Muhumuza argued that in 2013 when the Local Government Act was amended, counties, as an administrative level, were abolished by repealing sections of part V of the law which provided for administrative units based on the county, parish or ward and village. The repealed provision also provided for a council at each level of the administrative units.

Muhumuza wanted the court to declare the creation of these constituencies after the commencement of Local Government (Amendment) Act irrational and illegal, arguing that Cabinet had no authority to create the new counties.

However, on Friday, Justice Musa Ssekaana the Deputy Head of Civil Division noted that Muhumuza had not proved that they will suffer irreparable damages if elections proceeded in the constituencies.

Ssekaana said that more than half of the constituencies under contention already have Members of Parliament in their constituencies and blocking the elections now would be a breach of their legitimate expectation from their voters and their right to vote or representation to Parliament.

“An election is like a flowing river which cannot be stopped otherwise it would be a recipe for confusion and has dire financial consequences to the government and the parties involved in the electoral process. The wider public interest should be considered in this case before the court would consider issuance of any interim orders”, said Ssekaana.

He added that Muhumuza has nothing to lose if elections go on except for his interest purportedly on behalf of the entire public and that his concerns will be addressed in the main case. The main case which is challenging the legality of these constituencies is pending a hearing before Justice Michael Elubu on October 6 2020.

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