Delay to dispose off election petitions attributed to shortage of judges

Kampala, Uganda | THE INDEPENDENT | The delay by the Court of Appeal to dispose off election petitions has been attributed to limited manpower.

There are seven election appeal petitions whose judgments are yet to be delivered out of the 126 that were filed from the 2016 general elections.

According to the parliamentary and local government election laws, petitions should be heard within six months from the date of the elections.

One of the pending election petitions is of Rashiida Namboowa who is challenging the election of Godfrey Mufumu Kyeswa as the Butambala LCV chairperson. Namboowa challenged Kyeswa’s election on grounds that they were marred with irregularities such as voter bribery, intimidation among others.

The case was first heard by Justice Joseph Murangira of High Court who dismissed the petition.

Justices Steven Kavuma, Hellen Obura and Richard Buteera ordered for a retrial and the case was assigned to Justice Andrew Bashaija who also dismissed it.

Others include Tom Kinobere vs Godfrey Kamba Wairagala for the Kibuku County MP seat, Kevina Taaka against Geoffrey Macho for the Busia Municipality seat, Lubaga South MP Kato Lubwama against Habib Buwembo and Ronald Lutwama against Tonnie Mpanga.

The other case is the Electoral Commission against Bukomansimbi voter Edirisa Ssemanda who accuses the area MP Ruth Katushabe for failure to resign from her office when she joined elective politics.

Jamson Karemani, the Judiciary public relations officer says they have been trying to dispose off the petitions but constrained due to shortage of judges.

He says the Court of Appeal sits in panels of five and yet there are 14 Judges, three of whom are away doing other special assignments leaving the court with only eleven Justices.

Karemani who is also an Assistant Registrar however says that they have fixed some cases for hearing on July 20, while others are due for judgment.

However, a section of the petitioners says that they have lost trust in the Justice system.

Rashiida Namboowa who is challenging Godfrey Mufumu Kyeswa for Butambala district chairperson seat says that her appeal was heard by a panel comprising of Justices Kenneth Kakuru, Alfonse Owiny-Dollo and Christopher Izama Madrama about two years ago but no judgement was delivered.

Fred Zimula Kasirye who challenged the election of Mubende district chairperson Francis Amooti Kibuuka, says that they cause confusion and delay Justice.

Buwembo, who is challenging the academic qualifications MP Kato Lubwama, says that he lost trust in the Justice system after petitioning the top Judiciary officials to intervene in the matter in vain.

However, the Electoral Commission lawyer Hamidu Lugoolobi says the delay to dispose of these petitions may either affect their road map in some places depending on what the decisions of the courts.

In 2017, the Ntungamo Municipality MP, Gerald Karuhanga together with Kabweri County MP Francis Gonahasa petitioned the Auditor General John Muwanga to carry out a performance audit on Court of Appeal to establish why election petitions were taking long to get disposed off.

The MPs blamed the delayed disposal of cases on the exclusion of some Justices from hearing the election appeals, a thing they say led to a backlog of cases at judgment stage and is against principles of natural justice.

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