Cross-examination of witnesses in the election petition filed by State Minister for Water and Environment Beatrice Atim Anywar against Denis Onekalit Amere was abandoned on Monday after three of Anywar’s lawyers were involved in a road accident while travelling to Kitgum for the hearing.
Anywar told the Kitgum High Court that her three lawyers, Keith Businge, Martha Kamugisha and Paul Edami, had been involved in an accident in Wobulenzi, on the Kampala-Gulu Highway on Sunday and were receiving treatment at Nsambya and Mengo hospitals.
She said the lawyers were evacuated to hospital for treatment and were reported to be in stable condition, leaving her without her legal team for the scheduled hearing.
“My three lawyers… while travelling to attend this Honourable Court hearing, were involved in a nasty accident on Kampala-Gulu Highway,” Anywar told court. She said the absence of her lawyers had affected her ability to proceed with the planned cross-examination.
Following consultations between the parties, lawyers agreed to abandon cross-examination of witnesses from both sides and instead have the petition determined on the evidence already contained in affidavits filed on court record.
Counsel Asuman Basalirwa, representing Amere, told the court that both parties had reached the agreement because the necessary evidence was already before the court.
“We have mutually agreed that cross-examination of the witnesses from both parties be abandoned, since all the necessary evidence in the form of affidavits from both parties is already on court record,” Basalirwa said.
Anywar confirmed that she had no objection to the arrangement, saying she had consulted on the proposal and agreed that the petition could proceed based on the affidavit evidence already on record.
Amere also expressed sympathy for the lawyers and other victims of the accident and supported proceeding with the case without cross-examination. Laston Gulume, the lawyer representing the second and third respondents, also agreed to abandon cross-examination and asked the court to close the hearing and allow the parties to file their final written submissions.
Presiding Judge Amos Kwizera subsequently granted the request, directing the parties to proceed with written final submissions instead of cross-examining witnesses. The judge said the arrangement was fair because both sides would lose the opportunity to cross-examine witnesses and much of the evidence was already contained in the court record.
“This court, therefore, grants the prayer to set aside or abandon the fixed dates for cross-examining the witnesses from both sides,” Kwizera ruled. The court set October 12 as the deadline for the petitioner to file and serve submissions, while the respondents must file theirs by October 19.
Anywar will then have four days to file a final reply, with the final deadline set for October 23. The judge cautioned the parties and their supporters against declaring themselves winners before the court delivers its decision.
The judge also reminded the parties that court orders are binding and warned that submissions filed outside the agreed timelines without permission would not be accepted. The petition will now proceed based on the evidence and arguments contained in the parties’ affidavits and written submissions, after which the court will determine the case and deliver its judgment on November 9th, 2026-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
