ODO TAYEBWA VS DERRICK KABUURA ELECTION CASE ADJOURNED TO 31ST AUGUST 2021
By Aggrey Twesigye
In Mbarara—
Mbarara High court judge Justice Kazibwe Moses Kawumi has set the 31st.August.2021 at 2:30Pm as a date to give his ruling on election petition filed by FDC’s Odo Tayebwa a loser in Bushenyi -Ishaka municipality parliamentary polls.
Tayebwa was defeated in the 14th January Parliamentary elections after collecting 5,898 votes against Kabuura’s 8,199 votes, others in the race was Yedida Nyakahagura of ANT who got 734 votes, Akanduhura Kenneth Independent 306, Twahika Denis Independent 166, Ahabwe Rukira Elly Independent 47, Nduhukire Nasser Independent 13.
Tayebwa petitioned the High Court seeking for the nullification of Derrick Kabura’s victory citing out Voter Malpractices, intimidation, Bribery among others.
The Mbarara High Court presided over by Justice Moses Kazibwe Kawumi has heard the matter to determine the affidavits to be considered and the procedure of conference to be used during the hearing of the petition.
However, Kabuura through his lawyers led by Geofrey Kandeebe raised a preliminary objection to the 12 affidavits attached to the petition by the petitioner and asked the court to remove them.
He told court that the commissioner of Oath who authored or interpreted the oaths of affidavits never gave his full address as it is required by the Illiterates Protection Act Section 3 and 4 to provide full name and the address at the bottom of the affidavit.
Counsels Frank Kandiho and Brian Moogi both lawyers to Kabuura also prayed to court that 18 affidavits that are answers to the petition be thrown out because they are incompetent and were filed out of time without leave of court.
They told court that filing of affidavits past the required time was a blatant abuse of court process noting that 6 of the affidavits were filed on 25th August morning and served on to them in the evening while the one of Issa Rwabanga was filed this morning and served to them in court.
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