The High Court in Kampala has today dismissed a petition challenging the election of Muhammad Ssegirinya as the Kawempe North Member of Parliament.
Sulaiman Kidandala who was second in the Kawempe North January polls with 7,512 votes lodged a petition against Ssegirinya who won the seat with 41,197 votes over lack of proper academic documents.
At the time the case was lodged, Ssegirinya was remanded to Kirinya Prison and Kidandala through his lawyers claimed that they had served the legislator with the petition through the prison authorities of Kitalya even though he refused to receive the documents.
The Electoral Commission, which was also sued by Kidandala asked the Court to dismiss the case since there was no proof that the Member of Parliament was served with the petition.
Justice Henrietta Wolayo ruled that there is no evidence by Kidandala’s lawyers to prove that Ssegirinya was served with the petition as required by the law.
“The OC of Kitalya prison had to endorse the petition on behalf of Ssegirinya to prove that he had been served,” Justice Wolayo said in a ruling read by the Court’s Deputy Registrar, Agnes Alum.
The Justice however noted that despite a notice being put on the Court’s notice board, Ssegirinya, who was in prison was never served.
“This means there was ineffective service. Having found the petition redundant and non- starter for lack of service, it is struck off the record,” the ruling reads.
This ruling has declared Ssegirinya as the duly elected Member of Parliament for Kawempe North.