High Court Judge Musa Ssekaana dismissed an interim application seeking court to stop the Electoral Commission from nominating candidates in the newly created constituencies or counties until the main case challenging their creation is fully heard and disposed of.
In the application filed last week, lawyer Ben Muhumuza claims that if candidates are nominated before hearing of his main it will be rendered irrelevant.
In the main case pending hearing, Muhumuza says that it was illegal for Parliament to pass new counties when there are no county councils provided in law having been abolished by the amendment of Local Government Act in 2013.
In his ruling delivered on Friday, the judge said among others that he was not convinced the applicant would suffer irreparably as claimed in the application.
“It is also clear that more than half of the constituencies have already had members of Parliament in their constituencies and stopping them now would be a breach of their legitimate expectation and their right to vote or representation to Parliament,” the judge further ruled.
Ssekaana added that the Electoral Commission released the Electoral road map which is being implemented even during this Covid pandemic period and that halting the process would cause losses since a lot has been invested already.
“An election is like a flowing river which cannot be stopped otherwise it would be recipe for confusion and has dire financial consequences to the government and the parties involved in the electoral process. The wider public interest should be considered in this case before the court would consider issuance of any interim orders.”