The Masaka city Mayor Florence Namayanja has retained her seat after High Court in dismissed an application that sought to reinstate an election petition against her.
In a ruling delivered by Masaka High Registrar Agnes Nkonge on Tuesday, the court declined the application filed by Wills Mbabazi Bamwesigye who was seeking permission to further challenge Namayanja's election on academic grounds and irregular nomination by the Electoral Commission.
Bamwesigye, a National Resistance Movement-NRM party ticket holder had earlier filed an election petition in Masaka High Court, which was dismissed on grounds of non-appearance, non-service, and failure to file the petition within the stipulated time.
However, he was dissatisfied with the ruling and returned to the same High Court with an application seeking for an extension of time to be able to proceed with challenging Namayanja’s election which he argues was irregular.
In his application, he told the court that his earlier petition was dismissed without his knowledge arguing that its hearing was fixed when he was hospitalized and could not attend court, and his lawyers were also not informed of the hearing dates.
Bamwesigye further alleges that Namayanja deliberately dodged being served with the application papers, hence frustrating his attempts of reaching her, arguing that if allowed extension, he will opt for substituted service to ensure that she receives papers.
Justice Ketrah Katunguuka dismissed the application with costs, arguing that he was seeking to file an election petition whose outcome had already been determined way back by the same court.
Court held that Mbabazi failed to prove sufficient cause for reinstatement of a dismissed petition which itself had also been filed out of time and that the argument about Namayanja’s alleged irregular nomination had also been cleared by the Electoral Commission before the polling day.
