The High Court in Kampala has granted permission to Rubaga South voter Habib Buwembo to file an election petition challenging the academic qualification of his area Member of Parliament Paul Kato Lubwama.
Justice Magret Oguli Oumo said he had found evidence of fraud on a court record, Kato having told the Electoral Commission that he passed O level yet his UCE certificate was never registered with the Uganda Registration Services Bureau of services.
Justice Oguli noted that fraud is a serious allegation that cannot be merely exhausted through investigations since the matter pertaining to an MP’s qualification is of great national importance.
The judge then ruled that there was a proper application in court for extension of time within which Buwembo can file his petition. Justice Oguli ordered Kato Lubwama and EC to pay costs to Buwembo.
The judge’s decision to give Buwembo 30 days was based on the fact that it took him seven months to discover the said fraud, UNEB having clarified on the same, on the October 10, 12016 and Buwembo filed the application on October 12, 2016.
Buwembo says he has since learnt that Lubwama scored result 7 from UCE which couldn’t be relied on to qualify for mature age entry exams to be admitted for a diploma in MDD at Makerere University.
However, Lubwama’s lawyers led by Samuel Muyizzi have applied to be permitted to appeal the court ruling, but Buwembo’s lawyers asked Justice Oguli Oumo not to allow them because the relief they are seeking is not provided for in the law.
Isaac Semakadde argued that they cannot be allowed to go to court of appeal to challenge a mere application, but that they should wait until the entire election petition is disposed of.
The judge then said she will deliver her ruling on January 5, 2017.