Court Dismisses Application Challenging Electoral Commission’s “Scientific Campaigns”

High Court in Kampala has dismissed an application filed by presidential Aspirant Joseph Kabuleta challenging the ban on open-air campaigns by the Electoral Commission ahead of the 2021 general polls.

Presiding judge Esther Nambayo today ruled that Kabuleeta together with his co-applicant Emmanuel Kisembo ought to have raised their complaint first with the Electoral Commission before coming straight to the High Court.

The judge explained that section 15 of the Electoral commission Act provides avenues through which  such pre -polling complaints can be dealt with and a dissatisfied party petitions the Highcourt as a way of an appeal .

She added that Kabuleeta and Kisembo are challenging non-existent guidelines because the 16th June 2020 presser by the EC chairperson  Justice Simon Byabakama states that “All stake holders will be engaged to come up with guidelines for the 2021 General elections ” and that at the time of filing this case  the guidelines had not yet been issued.

As a result, Court ordered Kabuleeta and Kisembo to pay costs of this failed application to the Electoral Commission.

In his case, Kabuleta through his lawyers led by David Walyemera asked court to quash the revised 2021 election roadmap arguing that it is not fair in a free and democratic society like Uganda.

According to him, the revised roadmap is illegal and contravenes the Parliamentary, Presidential and Electoral Commission Acts which provide for open-air rallies that can be attended by all willing voters and pave way for consultations.

He avers that by banning open-air campaigns, the Electoral Commission is restricting freedom of speech and imposing unconstitutional limitations on the public.

In response, the Electoral Commission said that the revised roadmap was issued in accordance with the prevailing pandemic situation or circumstances as they couldn’t speculate on what the future would likely to be.

The election body explained that the roadmap has got specific segments which by law require statutory instruments, guidelines or notices to be published in the gazette each at an appropriate time.