Court Discards 97 Affidavits in Kampala Central Election Petition Against Minsa Kabanda

The High Court in Kampala has significantly weakened the election petition filed by David Rubongoya, the National Unity Platform (NUP) Secretary General, against Kampala Central Member of Parliament Minsa Kabanda.

Presiding judge Justice Flavia Nabakooza Kalungi ordered the striking out of 97 affidavits and their attachments, deeming them to have been introduced irregularly and without the court’s mandatory leave.

The decision came after Minsa Kabanda and the Electoral Commission (EC) filed consolidated applications. They argued that Rubongoya submitted the affidavits long after they had responded to his initial petition, amounting to an attempt to introduce new evidence past the legal deadline.

Rubongoya’s petition, initially filed on March 30, sought to nullify Kabanda’s victory in the January 15 parliamentary election. He alleged alterations to Declaration of Results (DR) forms, multiple voting, ballot stuffing, voter intimidation, and tallying discrepancies. Rubongoya is requesting the court to either declare him the winner or order a fresh election.

Justice Nabakooza agreed with the respondents, stating that affidavits filed in June and August could not legally be considered part of the petition submitted in March. She cited a precedent from the Court of Appeal, emphasizing that evidence submitted after the main petition constitutes supplementary affidavits requiring prior court permission.

In a partial ruling, the court also dismissed Rubongoya’s complaint concerning polling stations allegedly located in restricted security zones. Justice Nabakooza reasoned that since the EC had gazetted these locations before the election, any grievances should have been raised with the electoral body beforehand.

Despite the setback, the judge dismissed Kabanda’s objection regarding her academic credentials and name variations, allowing those grounds to proceed. The court has now declared the pleadings closed, paving the way for a scheduling conference. The legal costs for these applications will be determined at the conclusion of the main case.

Source: Daily Monitor (Uganda)