The High court in Kampala has on Tuesday dismissed a petition challenging the election of Nansana municipality MP Hannington Nsereko Wakayima Musoke which was contested by Hamis Musoke whom he defeated in January elections.
In a petition, Hamis Musoke Walusimbi accused Wakayima of lack of academic qualification due to discrepancies in his names.
On Tuesday afternoon, Justice Henrietta Wolayo ruled that the petitioner’s case is very weak and consequently, it can’t stand.
“I have analyzed the evidential basis for the petitioner ‘s case and found it weak. The UCE, UACE and diploma in secondary education from ITEK were duly verified by the issuing authorities and therefore valid. The first respondent published a deed poll that retained his old names Musoke Hannington and adopted two other names Wakayima Nsereko thereby fulfilling the requirements in the prescribed law and removing the disparity that had been pointed out by the Court of Appeal,” Wolayo said.
The judge explained that whereas Walusimbi challenged Wakayima Musoke’s academic documents over discrepancies, there is no evidence to show any other person who claims the documents.
“No one has turned up to claim to be Musoke Hannington and neither has anyone turned up to claim they know of Musoke Hannington who is being impersonated by the first respondent. These findings, lead me to one conclusion, that is, the petitioner has failed to satisfy me that the first respondent was wrongly nominated when he did not possess academic qualifications.”
The judge says that Wakayima went through the right process that saw him adopt the new name of Wakayima Musoke Hannington Nsereko and consequently renounced all the other names .
“It was never a question of validating academic documents but it was a question of compliance with legal requirements for change of name. This process did not take away the fact that the first respondent was one and the same person as Musoke Hannington who is named in the academic certificates and which names he retains.”
“I find that the first respondent was lawfully nominated because he was not only a citizen and a registered voter, but he also possessed the required academic qualifications UCE and UACE for Member of Parliament. This petition is accordingly dismissed.”
Court has further directed Hamis Musoke Walusimbi who was the petitioner should pay costs to Wakayima.
Speaking about the case, Wakayima welcomed the judgment that he said has reflected the will of the people of Nansana Municipality.
“It has been a long journey but at last, justice has won. They brought bogus claims against me but all this has collapsed,”he said.
