A panel of three Court of Appeal justices have cleared Rubaga South MP Kato Lubwama Paul to appeal against High Court decision which gave Habib Buwembo a chance to file an election petition out of time.
In their unanimous decision read by the Deputy Registrar, judges Geoffrey Kiryabwire, Elizabeth Musoke and Irene Mulyagonja ordered Kato to file his appeal within 14 days
After the 2016 elections, Habib Buwembo a political activist and a resident of Rubaga South asked court for permission to file an election petition against Lubwama on claims that he lacked minimum requirements to join Parliament.
High Court judge Margaret Oumo Oguli on 19th December 2016 granted him permission to file the election petition in court challenging the whole electoral process.
On 3rd January 2017, the applicant (Kato) applied for leave to appeal against this decision but he was denied an opportunity and thus ended up with this application before Court of Appeal.
Kato Lubwama’s lawyers Samuel Muyizzi and Nalukoola Luyimbaazi welcomed this decision saying it would set a precedent as far as filing election petitions is concerned.
“It’s sad that up to now we are still handling an election petition of 2016 when we are left with a few days to nomination of candidates to participate in the next general elections. We need court to pronounce its self on the proper period of time with in which a person can file an election petition.”
Both Kato Lubwama and Habib Buwembo have already expressed interest to contest for the same seat in the 2021 general elections whose nomination process is starting on 25th October 2020.