The High Court in Kampala has dismissed a petition filed by Sulaiman Kidandala challenging the election of Muhammad Ssegirinya as Kawempe North Member of Parliament.
Kidandala who came second in the Kawempe North elections with 7,512 votes against Ssegirinya who polled 41,197 accused the Kawempe North legislator of playing ping pong games in petition challenging his election
Sulaiman Kidandala said Ssegirinya lacks the requisite academic qualifications.
However, Electoral Commission which was listed as a respondent filed an application asking court to dismiss the petition since Ssegirinya had not been served with the petition.
Kidandala’s lawyers insisted that when they took the petition to Kitalya prison where Ssegirinya was incarcerated, he refused to receive the documents but insisted they had served him.
In her ruling on Tuesday, Justice Henrietta Wolayo ruled that there is no evidence by Kidandala’s lawyers proving that Ssegirinya was served as required by the law.
“The OC of Kitalya prison had to endorse the petition to prove that he had been served( on behalf of Ssegirinya),” Justice Wolayo said in a ruling read by the court’s deputy registrar, Agnes Alum.
The judge explained that the order of substituted service meant that Kidandala’s lawyers had to served Ssegirinya personal while in prison or if not, through the officer in charge of the prison who had to endorse receipt of the petition but also pin a notice on the court’s notice board.
Wolayo said despite a notice being put on the court’s notice board, Ssegirinya who was in prison was never served.
“This means there was ineffective service. Having found the petition redundant and non-starter for lack of service, it is struck off the record,” she said.
However Kidandala’s lawyers say they will appeal the High court’s ruling.
