The Masaka High Court has expunged key affidavits filed by the Electoral Commission in defence of the Kakuuto County parliamentary election results after three presiding officers failed to appear in court to testify in the petition challenging the poll.
Justice Joyce Kavuma, who is presiding over the election petition filed by former National Unity Platform (NUP) candidate Geoffrey Lutaaya, struck out the affidavits after the witnesses failed to appear despite being expected to defend the results from their respective polling stations.
Lutaaya is challenging the election victory of his National Resistance Movement (NRM) rival, Ismail Lubega Kaka, alleging that the Returning Officer relied on forged declaration of results forms from some polling stations to declare the winner. He contends that declaration of results forms from seven polling stations were falsified in Kaka’s favour, claiming that his rival had emerged second in the contest before the alleged alterations.
In affidavits filed through his lawyer, Abubakar Ssekanjako, Lutaaya alleged that declaration of results forms from Kimwanyi, Kimukunda and Mutukula-Kasaanvu polling stations were forged to alter the election results, to defraud him of his victory.
However, Kaka and the Electoral Commission denied the allegations, arguing that the claims of forgery cannot be proved with valid evidence. In its defense, the Electoral Commission filed affidavits from presiding officers who supervised voting at three disputed polling stations, affirming the authenticity of the results used by the Returning Officer to declare Kaka the winner.
Erick Sabiiti, the lawyer representing the Returning Officer, had informed the court that they would present the three presiding officers, Fred Tumwesigye, Gerald Kabugo and Praise Kateete to testify in the matter. However, the officers failed to appear as scheduled.
Sabiiti told the court that the witnesses were still on their way, but efforts to reach them proved futile as the court waited in vain until their phones eventually went off.
Lutaaya’s lawyer, Abubakar Ssekanjako, asked the judge to expunge the affidavits, arguing that the officers had deliberately dodged court, fearing to face questions about the alleged alterations to the election results.
The court accordingly struck out the affidavits of the presiding officers, thereby concluding the hearing of the defense evidence with only four witnesses out of the planned eight.
Justice Kavuma subsequently closed the hearing of the main petition and directed the parties to file their written submissions by November 12, ahead of the final judgment scheduled for November 30.
Speaking to journalists after the court session, Lutaaya’s lawyer, Abubakar Ssekanjako, said they had presented evidence, exposing irregularities that affected the integrity of the Kakuuto County parliamentary election and the subsequent declaration of results.
He indicated that they have asked the court to nullify the fraudulently generated results and directly declare Lutaaya the winner of the January 15 polls.
Meanwhile, David Mujulizi, a lawyer representing Kaka, expressed confidence that the expungement of some of their witnesses’ affidavits would not weaken their defence-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
