The Court of Appeal has started handling a new Civil Appeals Session where a total of 59 matters will be handled. These include 42 Civil Appeals, 12 Civil Applications, three Election Petitions and two Election Petition Applications. The election matters arise from the 2011 and 2016 general election and subsequent by-elections.
The Court’s Registrar, Ms Susan Kanyange, said the three-week long session will be presided over by Justices; Christopher Madrama, Irene Mulyagonja and Monica Mugenyi.
Among the prominent cases to be heard is that where the Attorney General is appealing the decision of the High Court declaring that Gen David Sejusa was no longer a serving officer of the Uganda People’s Defense Forces. In 2016, the High Court observed that Gen Sejusa was entitled to constructive discharge from the Army since he wasn’t receiving a salary and other benefits.
On the side of election petitions, the appeal by former Lubaga South MP Paul Kato Lubwama over his academic papers will be handled. In his election petition, the voter Habib Buwembo contends that Hon. Kato Lubwama lacked the Primary Leaving Examinations certificate (PLE), Uganda Certificate of Education (UCE), and the Uganda Advanced Certificate of Education (UACE) or its equivalent, to qualify as MP.
Another matter is that of former legislator Mwiru Paul who is appealing the decision of the National Council for Higher Education for unlawful cancellation of academic papers.
The Court will also hear the matter in which former Bubulo West MP, Tonny Nsubuga Kipoi contested the decision by the High Court declaring his nomination and election invalid on the ground that at that time he lacked the required academic qualifications.
Hon Kipoi and Tonny Waluku Wataka together with others contested in the February 2011 Parliamentary elections for Bubulo West Constituency, which Kipoi won.
However, being dissatisfied with the results, 803 voters including Wataka, petitioned the High Court at Mbale arguing that Kipoi was not validly elected.
Ms Kanyange said much as these are public interest cases, the Court will follow guidelines issued by the Chief Justice in conducting court business amidst the Covid-19 pandemic.
