By Ruth Anderah
The Kampala High court has thrown out an election petition against Kawempe North MP Muhammad Ssegirinya on grounds of non -service of the petition as required by law.
This is after presiding judge Hennerieta Wolayo ruled that the petitioner Sulaiman Kidandala failed to effectively serve Ssegirinya who was at the time held on remand at Kitalya government prison on charges of inciting violence.
According to justice Wolayo, Kidandala diverged from an order of court to serve Ssegirinya through the OC of Kitalya prison Fred Mugia who would endorse and stamp on the petition on behalf of an inmate and instead of focussing on serving Ssegirinya personally.
Justice Wolayo has gone further to rule that since Mugia denied in his affidavit before court ever pending his signature on the petition, effective service cannot only be taken by a copy of the same petition pinned on the notice board since the 2 had occur concurrently.
The court has now ruled that the lack of effective service on Segirinya means Kidandala’s petition was left redundant and can’t stand on record per rules governing Parliamentary Election Petitions.
Both parties have been asked to bear their own costs because the petition has been a non-starter.
Ssegirinya who garnered 41197 votes against Kidandala’s 7212 votes is now at Masaka police station with his Makindye West Counterpart Allan Ssewanyana answering summons in relation to a series of Machete murders in the region.
Kidandala accuses Ssegirinya of lacking both the requisite and minimum academic qualifications of an MP.
