Former State Minister for Water Ronald Kibuule has asked the High Court in Mukono to strike out the defence filed by Mukono North MP Abdulla Kiwanuka in an election petition challenging his victory.
Kibuule’s lawyers, led by Frank Kandiho and Ivan Bwowe, raised a preliminary objection before Justice Godfrey Himbaza on Monday, arguing that Kiwanuka’s response and supporting affidavits do not meet the requirements of the law.
Kibuule is challenging Kiwanuka’s election and is seeking, among other remedies, a recount of the votes. The petition also alleges electoral irregularities and malpractice.
Kandiho told court that under Rule 8 of the Parliamentary Elections (Election Petitions) Rules, a respondent who intends to oppose a petition must file an answer accompanied by an affidavit setting out the facts relied on in defence.
He argued that Kiwanuka’s response does not set out facts supporting his defence, but instead largely challenges the affidavit Kibuule filed in support of the petition.
Kandiho also objected to an additional affidavit filed by Kiwanuka, saying the election petition rules do not provide for its introduction in the manner it was filed.
He asked court to strike out the additional affidavit and Kiwanuka’s answer, award costs to Kibuule and allow the petition to proceed as unopposed.
Kiwanuka’s lawyer, Chrysostom Katumba, asked for time to respond to the preliminary objection, saying the defence had been taken by surprise. He requested permission to file written submissions.
Kandiho opposed the request, saying Kiwanuka’s lawyers had been notified of the objection and that granting more time would delay the case.
Justice Himbaza adjourned the matter to Tuesday at 10:00am to allow Kiwanuka’s lawyers to respond.
Speaking after the court session, Kandiho described the additional affidavit as “evidence smuggling” and maintained that both disputed documents should be struck out.
Kiwanuka’s lawyers declined to comment.
Court will hear the defence response before determining the preliminary objection
