Home Politics Mwiru Fails to Kick Out Nabeta from Jinja East MP Seat, Court...

Mwiru Fails to Kick Out Nabeta from Jinja East MP Seat, Court Dismissed His Petition

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Alliance for National Transformation (ANT)’s Paul Mwiru has failed to kick out NRM’s Nathan Igeme Nabeta from the Jinja East Parliamentary seat following Court of Appeal dismissal of his poll petition.

Justice Christopher Madrama, Elizabeth Musoke, and Justice Hellen Obura dismissed Mwiru’s application to extend the time within which he could file and serve his memorandum of Appeal to Nabeta.
According to Mwiru, if the court does so, he would defeat the purpose of setting time frames for hearing and determining election appeals.

However the deputy registrar Susan Kanyanage read on behalf of the justices Rule 31 is stated that the appellant shall lodge with the registrar of the Court of Appeal within 30 days after the filing by him or her of the memorandum of appeal. The rule does not provide for the filing of the record of appeal within 30 days after receipt of the certified and typed record of trial proceedings and judgment.

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The justices explained that an appellant who intends to rely on rule 83(2) must show that he applied for the record of proceedings within 30 days from the delivery of judgement and served the respondent with the letter of application requesting for the same and retained proof of that service.

The timelines prescribed by rule 83 of the judicature (Court of Appeal Rules) directions are clearly in discord with the timelines in the Parliamentary Elections rules, the justices ruled.

The justices have instead allowed Nabeta’s application to have Mwiru’s appeal struck out with costs for failure to take essential steps of filing the grounds of appeal within the mandatory 30 days.
The ruling has been read by deputy registrar Susan Kanyanage on behalf of the three justices.

The ANT candidate petitioned the Court of Appeal after the Jinja High Court dismissed his election petition for failing to produce sufficient evidence to prove the allegations following Mwirus challenge to Nabeta’s election as MP on grounds of vote-rigging, connivance with security operatives to frustrate ANT polling agents.

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Jolliebest Kasajja is a Ugandan Photo Journalist, Influencer, Photo and Videographer, Nnews Editor and Critic for African Politics.