Uganda: Court Yet to Hear Petition Against Nansana MP As Parliament Winds Up – AllAfrica.com

The Court of Appeal is yet to hear a petition challenging the declaration of Mr Robert Kasule Sebunya as MP for Nansana Municipality in Wakiso District all as the tenure of the current Parliament winds up.
In July 2016, High Court nullified the election of Mr Wakayima Musoke Nsereko and declared that Mr Sebunya, the runner up, was the winner.
But in 2018, seven people filed a constitutional petition challenging the gazetting of Mr Sebunya.
They alleged that the said court decision in contravention of the laws, usurped the powers of people to exercise their sovereignty and granted unfettered discretion to the High Court and Court of Appeal.
However, this petition is yet to be heard despite the fact that Mr Sebunya is winding up his five-year term.
The complainants are Margaret Namiro, Ritah Nalunkuma, Annet Nakiyingi, Mugerwa Fred Lwanga, John Nakabaale, Ntale Kuraish Kalema, Isaac Ssali and charity organisation; National Action for Awakening Uganda .
Addressing journalists in Kampala on Wednesday, the complainants said that failure and or refusal of the Constitutional Court to fix and hear their petition despite several reminders would heavily impact on the jurisprudence of the country.
"We have endlessly and tirelessly moved the registrar of the court requesting for the matter to be given a date for trial in vain. It is our prayer to the court that this matter be given an imminent date to avoid it being overtaken by events which would occasion an injustice, a bad and poor precedent and will create a jurisprudence that will tarnish the image of court," said Mr Ssali, one of the complainants.
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Mr Ssali said that failure of the court to hear the case is a great threat and has an impact on the Constitutional right to representation of the people of Nansana Municipality.
The leader of ‘Sisimuka,’ Uganda Mr Frank Gashumba said that this is a unique case that involves the rights of a full constituency which deserves a comprehensive and expeditious adjudication.
"Failure to dispose of this matter shall have a political bearing," Mr Gashumba said.
On July 2, the complainants petitioned the deputy Chief Justice to have the matter fixed in vain.
In their petition, the complainants say that High Court judgment and confirmation of the judgment by Court of Appeal in declaring, gazetting and ordering Mr Sebunya to take up the Parliamentary seat of Nansana Municipality contravened and is inconsistent with the provisions of Article 2 of the Constitution in so far as it is High Court and Court of Appeal made appointments for a representation of MP," reads the complaint.
In the petition against the Attorney General (AG), Electoral Commission (EC) and Mr Sebunya, the complainants allege that Section 63 of the Parliamentary Elections Act is inconsistent and in contravention of the Constitution for allowing the courts to take over the declaration, gazetting and appointing of representatives of Parliament as an arm of government.
Read the original article on Monitor.
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