The High Court in Entebbe on Friday, 16th October concluded hearing of the election petition challenging the election of Busiro South MP Hon Kenan Opio, with judgment set for 20th November.
The day was for scheduling and hearing of the case. Only two witnesses were cross-examined – Hon Kenan Opio and the Wakiso district returning officer, Mr Tolbert Musinguzi.
Kalule Ahmed Mukasa, one of the lawyers representing Hon Kenan Opio, said the defence had a good day in court.
“In the morning we started with scheduling, where we agreed with the judge on how to conduct the case. Then we started hearing. Only Hon Kenan Opio and the returning officer Mr Tolbert Musinguzi have been cross-examined,” Mukasa said.
“For Hon Kenan Opio, we formed the view that he was a very good witness, he answered questions comfortably, calmly and with immaculate honesty. When Mr Tolbert came, he didn’t deviate too much. He also answered very well. We really think the case for the petitioner has been destroyed on all standards,” he added.
Mukasa said parties will now file written submissions. The petitioner will file by 23rd October, respondents by 30th October, rejoinder by 7th November, and judgment on 20th November.
“I am sure we are going to get the win back,” he said.
Speaking after court, Hon Kenan Opio said it was a long but worthwhile day.
“It has been a long day, but worth it. Nothing else we could have done but to defend this victory to the core, because it belongs to the people who entrusted us to lead them for the next five years,” Opio said.
“There are some questions that were asked. The questions were baseless. Counsel was asking me what the colour of milk was. As somebody who participated in an election, voted by the people, declared a winner, gazetted, sworn in and now carrying out my mandate, we defended it,” he said.
However, Charles Matovu noted discrepancies in Declaration of Results (DR) forms.
“The Electoral Commission, unfortunately, we still got numerous other DR forms certified from the same Electoral Commission. So what is happening is ironing out which one is the authentic DR form. These are copies previously supplied before another copy was entertained. In the rejoinder, as lawyers were interacting, we got other copies different from those we received first,” Matovu said.
Kenneth Kakande, lawyer for Matovu, alleged electoral fraud, citing multiple certified DR forms for same polling stations.
“I want to make it clear that even certified copies from the Electoral Commission have different copies for the same polling station. This was not an election zone; it was a total fraud. And the former returning officer for Wakiso district has also admitted it is a problem,” he claimed.
“People who were not supposed to vote voted at several polling stations. Many results were not tallied. The tally sheet produced lacked 58 polling stations with over 30,000 voters. That means this was not an election, it was a fraud,” he alleged.
He further alleged over-voting and tallying irregularities.
“We have three sets of DR forms – forms given to candidates with different results, forms manufactured somewhere but certified with different results, and another set also certified with different results. At a polling station with 200 registered voters, 300 voted. How can that be? We have left it to court to make a decision. We have done our job, we have brought it to court, the truth has come out,” Kakande said.
Justice Jemson Karemani will deliver judgment on 20th November after submission of written arguments.
