Court has rejected a bid by city businessman Mukesh Shukla aka Shumuk to include new evidence in his election petition regarding a discrepancy in the names of Joel Ssenyonyi, the Nakawa West MP.
Shumuk sought the amendment of his petition after discovering that the name on Ssenyonyi’s nomination documents differed from that on his academic papers.
Shumuk said the legislator’s academic documents presented to the Electoral Commission (EC) bear the name Joel Besekezi, while on the nomination papers it is Ssenyonyi B. Joel.
The businessman turned politician also noted that the school indicated on Ssenyonyi’s academic papers did not exist in the year he purportedly sat for the exams, according to the Uganda National Examination Board (UNEB).
However, the Civil Division of the High Court presided over by Justice Isaac Muwata, Wednesday, ejected the amended petition.
“The amended petition would introduce a new cause of action which prejudices the answer of the respondent’s petition,” he noted, ruling that the amended petition is improper before the court.
The judge also observed that Order 6 Rule 19 of the Civil Procedure Rules does not apply to the amendment of election petitions.
“Election petitions are not amendable in law and, even if it were allowed, filing it without leave of court would be wrong because it is contrary to the law,” the judge ruled.
Justice Muwata ordered the businessman to meet the costs that Ssenyonyi has incurred in handling the applications.
The judge said election petitions should be heard expeditiously without being interrupted.
The ruling was made in the presence of Ssenyonyi, Shumuk and their lawyers.
Ssenyonyi is represented by George Musisi, Derrick Luzima and Benjamin Katana, while Enock Kayondo and Badru Bwanga are represeting Shumuk.
Abubaker Kayondo is the EC’s lawyer. Justice Muwata directed that the trial proceeds with the original petition and set September 22 as the date when directions on how to proceed with the matter shall be given.
Petition
Mukesh is contesting the election of Ssenyonyi on grounds of electoral irregularities, such as under-declaring his votes, ferrying non-registered voters to participate in the election and ballot box stuffing.
The businessman contends that EC committed material irregularities when they reduced his votes on the Declaration of Results forms without justification.
He contends that EC allowed people, who are not registered voters in Nakawa West, to vote.
