The Acting Registrar in charge of the Civil Division of High Court Jameson Karemani has declined to include Arthur Kazoora as a respondent in an application in which Ruhinda South Constituency Member of Parliament Rtd Captain Donozio Kahonda challenges the Electoral Commission’s plan to dispose off a petition against his candidature before the disposal of his main suit in High Court.
In this application, Kahonda says that one concerned citizen petitioned the Electoral Commission seeking to cancel his Candidature in the forthcoming elections on basis that he was convicted of a criminal offence by the Jinja Magistrates Court and therefore can’t contest in any office for a given period under the law governing Parliamentary Elections.
He says that he filed an appeal against the same which has not been disposed off and another case before High Court on the same, which is still pending hearing.
Kahonda says that in this case, the Electoral Commission has no mandate to interpret matters of law but its mandate is with resolving complaints from Electoral process.
Therefore, he argues, it’s most likely to come out with a decision on the above matter any time which may lead him to suffer irreparable.
The matter came up for hearing on Tuesday but the Electoral Commission (Respondent), despite the fact that they were summoned, they didn’t file in their response neither did they attend court as required.
Arthur Kazoora (Kahonda’s rival) and a petitioner to the Electoral Commission, through his lawyer Isaac Nicholas, requested court to allow them join the case as respondents because the outcomes were most likely to affect them both but this was not granted due to a number of reasons.
Court granted the request by Kahonda’s lawyers led by Caleb Alaka to have the matter be heard ex parte (decision made by a judge without requiring all of the parties to the dispute to be present)since the respondent expressed no interest in the matter.
The Registrar promised to deliver the ruling next week.
Three years back, Kahonda was convicted with crimes of impersonation contrary to section 347/348 of the Penal Code and Forgery section 342 of Penal Code Act
He challenged this decision in High Court but it is pending disposal.