Fort Portal, Uganda | THE INDEPENDENT | The former Buheesi sub county councillor Robert Alinaitwe has withdrawn a petition he inherited challenging the election of Bunyangabu MP Davis Kamukama.
Alinatwe inherited a petition that was withdrawn last month by Patrick Murungi Zeresire who challenged Kamukama’s victory.
Murungi petitioned Fort Portal High Court contesting Kamukama’s election on grounds that he lacks the requisite Advanced level certificate or its equivalent for election as a member of parliament.
However last month, the petitioner through his lawyer Robert Mugabe wrote to the High Court indicating that he lost interest in the petition.
The decision however did not go on well with Alinaitwe. He wrote to court seeking to take on the petition which he dubbed as a public interest matter.
However on Wednesday, Alinaitwe through his led counsel Victor Busiinge told the court that he had also lost interest in the petition citing peace and unity of their district.
Busiinge told the court that the decision of his client was without duress. He asked the court to dismiss the application without costs.
Justice Jesse Byaruhanga dismissed the election petition with each party bearing its costs.
Alinaitwe says he has no personal grudge with the MP and it was in the good interest that this petition was withdrawn.
Sebuufu Usaama from K and K advocates who represented Kamukama said the application itself was an abuse of the court process. He argued that the applicant had filed his application late yet the law allows an application for substitution to only be made before the court terminates the petition by order of the withdraw.
He says they were satisfied with the order of withdrawing the matter and had no further instructions from their client.
Kamukama who welcomed the court decision says such petitions were only meant to delay him from offering social services to the constituency.
Zeresire who was also a respondent in the matter had asked the court to order the petitioner to pay him for the cost involved in hiring his lawyer and transport. However, Justice Byaruhanga rejected the request.