Kabale: Winfred Masiko petitioned the high Court on 6th July 2018 seeking for nullification of the May 31st by- election results claiming that the election involved malpractices indiscretion.
On Tuesday 5th February 2017, Masiko and Mp Betty Muzanira appeared before Justice Kawumi Kazibwe in Kabale High Court to listen to his ruling on whether the presented affidavits are conventional to the law before the actual date of the case hearing.
However 17 out of 22 of Matsiko’s affidavits were rejected because they did not conform to the Illiterates Protection Act.
Justice Kazibwe said “The necessity for the commissioner for oaths to certify that he/she witnessed the interpretation of the contents of affidavits to illiterate deponents is at the bedrock of the protection sought by the act. It is not merely a matter of form but of substance. An incompetent affidavit is in my view not curable. I thus strike 17 affidavits from the record since they offend the provisions of the law,”
“The petition, therefore, stands supported by these five affidavits and it cannot for that reason be struck of the record as submitted by the lawyer for the 1st respondent. The petitioner is at liberty to file and serve affidavits in rejoinder to those served on her team on January 28th 2019 before February 7th 2019 in preparation for the hearing scheduled for February 12,” he added.
“With respect to counsel for the petitioner, nothing in the rules restricts the respondent from filing affidavit evidence subsequent to the answer to the petition. I am in agreement that the late service of the affidavits is prejudicial to the petitioners’ preparation for the hearing. Evidence in rebuttal may be required which necessities tracing for witnesses. This can only be cured by court granting more time to the petitioner to file affidavits in rejoinder. I, therefore, dismiss the objection for want of merit and maintain the affidavits on record validly filed, ”Justice Kazibwe ruled.
Matsiko and Muzanira contested for Rukungiri Woman Parliamentary seat by election on NRM and FDC tickets respectively and he latter emerged winner. Matsiko who was not satisfied with the election process decide to take matters to court accusing Muzanira of using abusive language during campaigns.
“I want them to prove to the court that am a thief and that I stole elections. They even say that I had over 10,000 pre-ticketed ballot papers during May 31st 2018 by-elections,” Matsiko said.
The by-election came about after Matsiko lost a petition in the Court of Appeal. The petition had been filed by Muzanira.
