Kampala. The Constitutional Court has thrown out on a technicality a petition in which a radio journalist was challenging the election of the political leadership of the Kampala Capital City Authority for failure to meet the required court standards.
In a unanimous decision, the court led by Deputy Chief Justice Steven Kavuma ruled that the petition by Mr Mulindwa Muwonge lacked sufficient ingredients, making it defective.
“when you look at the affidavit, you find that the petitioner took the document to be commissioned while it was already signed, which is contrary to the recommended standard. A person has told a Bible or Koran to take an Oath,” Justice Kavuma held.
“Having perused the petition and the amended affidavit that has no date, we find that the petition before court is considerably defective,” Justice Kavuma said. “We order no costs, since the respondent did not file a defence, and neither has he showed up before court.”
Earlier on, city lawyer Saudah Nsereko denied commissioning Mr Mulindwa’s affidavit in support of the petition, leaving the five justices with no option but to dismiss it.
The dismissal of this petition came at the time when court was set to hear an application filed by Kampala Lord Mayor Erias Lukwago who sought to be added as a respondent to the petition as Mr Mulindwa had only sued the Attorney General.
Mr Mulindwa in the petition had asserted that Section 6 of the KCCA Act, which provides the Authority as the governing body of the capital city composed of elected councillors and a lord mayor, contravenes articles 5 (4) and 2(1) of the Constitution, and should be scrapped.
Kampala Lord Mayor Erias Lukwago said he was happy that those who were perpetuating fraud in court have been ashamed. Mr Lukwago added that he is disappointed that court did not order Mr Mulindwa to pay costs, having wasted court’s time. He is aware that there is an invisible hand that pushed him (Mulindwa) to file this suit.
SOURCE: DAILY MONITOR