Mbarara – The High Court of Mbarara has dismissed the elections petition case in which the Former Isingiro District Chairman Jeremiah Kamurari sued MP Nathan Byanyima of Bukanga North constituency over election irregularities.
This morning court, presided over by the Chief Magistrate Samuel Twakire – sitting in for Judge Moses Kazibwe Kawumi, ruled and dismissed the case on grounds that the petition in this court raises matters which are res judicata and is barred by statute.
The judgement also reveals that the petition is not also competent since it lacks a valid supporting affidavit.
In the last elections, Kamurari had contested for Parliamentary seat for Bukanga Constituency Isingiro District in which Byanyima was declared the winner.
In the petition, Kamurari accused MP Byanyima of vote-rigging and lack of academic qualifications. Prior to the elections, the petitioner lodged a complaint to the 2nd respondent which is the Electoral commission challenging the nomination of Byanyima the 1st respondent in this case on 15th October 2020.
The gist of the complaint was that Byanyima had been nominated as Nathan Byanyima which names appeared on his national Identity Card and voter details yet his ordinary level and advanced level certificates were in the names of Byanyima Nathan Jimrex T and Byanyima JNT respectively.
The petitioner’s submission, therefore, sustained That Byanyima did not, therefore, possess the requisite academic qualifications to qualify for nomination as a contestant for the position of Member of Parliament. It has also been learnt that Kamurari’s affidavit was commissioned by a lawyer whose licence had expired.
After all this, the court found that there was no wide evidence that would pin the respondents, this resulted in the dismissal of the case with costs.
According to Byanyima speaking to our reporter after the court, he said that his lawyer had already put an objection that this case had appeared in the electoral commission and high court and it was thrown out. So there was no difference from the case that appeared in High. He said that he went to school and he has qualifications for a member of parliament.
“At my age why would I bother to fight with Kamurari a young man who brings his madness in his head for no good reasons, let’s not fight as if politics is the life of death,” said Byanyima.
“It is not me who had put costs it’s the judge who has put and so Kamurari must pay the cost no mercy this time. Since he has ever wanted to appeal let him go and appeal but I am excited for this case that has been dismissed” he added.
Kamarari also has vowed to appeal in the High court that he can’t sit when he sees that there was no fair judgment in this case.
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“What has happened today is what we were expecting, so must confess that entered this court knowing what will happen, this morning I received two phone calls telling me that be ready for what will happen so I was aware. And since I have got the background of why this happened i can’t sit down, and I will not fail to fight for my rights