With only eight days left to the national polls, the High Court in Kampala has thrown out an election appeal filed by Lwemiyaga Member of Parliament, Theodore Ssekikubo challenging the nomination of NRM candidate Gen. Emmanuel Rwashande ruling that the application was filed after the mandatory deadline.
In her ruling, Lady Justice Joyce Kavuma noted that Ssekikubo had filed the appeal outside the legally prescribed time and could not be validated.
In his petition, incumbent Ssekikubo had challenged the nomination of Brig. Gen. Rwashande, arguing that it was irregular and did not comply with the Parliamentary Elections Act.
Lady Justice Joyce Kavuma dismissed the application to validate the appeal, which arose from an Electoral Commission decision upholding Rwashande’s nomination for the Lwemiyaga parliamentary seat.
Ssekikubo argued he had sufficient cause for the delay, claiming the Electoral Commission failed to communicate its ruling promptly. He told the court he only became aware of the decision through social media on Dec. 8.
However, Justice Kavuma found the commission served the ruling to Ssekikubo’s lawyers on Dec. 3, the same day it was delivered.
The court found that the commission served the applicant’s lawyers on Dec. 3 and that service was effective, the judge held. She noted that legal five days’ timeline of filing began running from that date.
In her decision, Justice Joyce Kavuma emphasized that election matters are governed by strict and mandatory timelines which courts have no power to extend unless expressly allowed by the law.
