High court seating in Masindi district has dismissed a petition filed against the newly appointed minister for presidency Kabakumba Mastiko Lwabwoni and electoral commission. Phinehas Kyatasobora an independent stood and lost to Kabakumba in the 18th February 2011 Bujenje county parliamentary general elections in Masindi district.
He later sued Kabakumba and the election commission accusing them of vote rigging and committing other electoral offences and asked court to declare Bujenje county parliamentary elections null and void and order fresh elections.
In his ruling Monday morning Justice Wilson Kwesiga says he agrees with the lawyers for the petition that elections must be conducted in affair and free manner and that there must be transparency.
Minister for the Presidency, Kabakumba Matsiko
Justice Kwesiga however noted that the above principle has been used to settle many cases sighting Kiiza Besigye Vs Yoweri Kaguta Museveni which was handled by chief justice Benjamin Odoki.
He says the principle of free and fair can’t be compromised. Justice Kwesiga said Kwotasobora used several piece of evidence against the 1st and 2nd respondents but his witness could not convince court. Court found that the petitioner and his witness failed to provide the allegations of bribery by the 1st respondent and the means which she used to move around the constituency.
He also said there is no evidence to show that the soldiers were deployed in Bujenje and that they intimidated people. Justice Kwesiga ruled that the baseless claim is therefore dismissed.
The petition is not entitled to any thing he asked both of them to cater for the costs involved in their case. However Kyotasobora immediately instructed his lawyer Rashid Babu to appeal. Minister Kabakumba was not in court but was represented by her lawyer John Paul Baingana
Kabakumba Mastiko Lwabwona has also been sworn in as the minister for presidency in the president’s office sitting at the cabinet committee.
Ultimate Media