Kampala, Uganda | GODFREY SSALI | The Court of Appeal on Monday confirmed the election of Joseph Kakooza as the Member of Parliament (MP) for Buwekula Constituency in Mubende District after dismissing the appeal of his political rival Peter Baleke.
Baleke had petitioned the High Court in Mubende accusing Kakooza of forging an acadmic certificate from the Tanzania Military Academy of Monduli, as it bore the name of Kakooza J S which could have applied to a different person other than Joseph Kakooza.
This is the certificate on which National Council for High Education (NCHE) based to verify MP Kakooza’s academic papers both in 2010 and 2015.
However Justices Richard Buteera, Elizabeth Musoke and Paul Mugamba found no merit in Baleke’s argument because he did not prove to court how he arrived at the said conclusion, neither did Baleke bring persons called Kakooza J S and Kakooza Joseph Smarts to testify in support of the allegations about the names against MP Kakooza.
The Justices further relied on the affidavits of two MP Kakooza’s fellow Officers, Brig. Byarugaba Jim Willis and Major General Pecos Kutesa, with whom they studied at the said military academy where they used to refer to him as Kakooza Joseph Smarts. They ruled that Baleke had not discharged the burden that indeed the challenged identification belonged to someone else.
They have now ordered Baleke to pay costs to MP Kakooza that he incurred both in this court and the High Court in order to defend his victory.