Ruhinda South Member of Parliament has managed to maneuver his way and blocked Electoral Commission (EC) from disqualifying him from the political race over forgery.
Donozio Kahonda secured a temporary court order from Soroti High Court, 500 kilometers from his constituency after his two attempts to seek an injunction in Kampala and Mbarara hit a dead end
In October filed an application in the High Court in Kampala seeking to bar EC from hearing a petition from a voter Godfrey Kahonaho who challenged his candidature on grounds that the candidate is a convict who was sentenced in 2017 by Jinja Court for forgery. And therefore it was against the law for EC to nominate him.
Kahonda would later withdraw his case but quietly lodged another application in Mbarara High Court over the same.
However, Mbarara court dismissed the application.
He tactfully used an agent Bosco Akiror who petitioned Soroti High Court stopping EC from hearing any complaint against Kahonda.
Okiror is the NRM flagbearer for Usuk Country.
And on November 10, the Soroti Court granted Okiror the injunction.
“An inter order restraining, the respondent, its servants, agents and any person deriving authority from it, from entertaining, disposing, resolving any complaint before it based on convictions of crimes involving dishonesty or moral turpitude and specifically complaints against Mugabe Donozio Kahonda based on the decision of the Chief Magistrates Court of Jinja in Criminal Case No. 557 of 2016 pending the final disposal of the Application for a temporary injunction in this Court,” part of the order reads.
It adds: “An interim Order of stay of all proceedings before the Respondent pertaining to determination of complaints before it based on convictions of crimes involving dishonesty or moral turpitude and specifically complaints against Mugabe Donozio Kahonda.”
Kahonda, skillfully secured the order a day before the Electoral Commission had summoned him to appear before the tribunal to hear the petition against him.
On November 11, his lawyers presented the order before the Commission, and ever since EC stopped proceedings.
This website has since learnt that the manner in which sought an injunction has been challenged by his opponents who have asked the higher judicial authorities to intervene in this matter and call for all files, cases and applications filed in respect of this matter as per the Court case numbers for purposes of perusing it and giving direction before an impartial Court.
Background
In October 2015, Kahonda was arraigned before the court on 14 charges related to impersonation and forgery of several academic documents in the name of Dickson Mutabazi, which he reportedly used to join the Jinja Military Academy on November 11 2001.
He was convicted on eleven counts and acquitted on three counts. He was subsequently sentenced to nine months in jail on all counts and the sentence was to run concurrently.
However, Kahonaho petitioned Justice Simon Byabakama, the EC Chairperson to disqualify Kahonda from the race on grounds that he is a convict.
Kahonaho cited article 80 of the Constitution and Section four of the Parliamentary Elections Act, “a person is not qualified for elections as a Member of Parliament if that person has within the seven years towards the election been convicted by a competent court or a crime involving dishonesty or moral turpitude”.
Kahonaho argues that Kahonda who was convicted three years ago should be disqualified because he is not fit to be nominated as MP.
However, in his application filed before the Civil Division of High Court, Kahonda wanted the High Court to issue a temporary order restraining the Electoral Commission from entertaining and resolving any complaint against him in regards to his conviction; until the appeal is disposed of.
