Electoral Commission lawyers were absent in Soroti High Court on Monday November 16 to defend the Commission in an application filed by Ruhinda South MP candidates.
In the application, the two candidates seek to be added on the main suit filed earlier by Bosco Okiror, the Usuk NRM parliamentary candidate who sought a court injunction barring EC from disqualifying Ruhinda South constituency NRM flagbearer Donozio Kahonda from the race on grounds of forgery and moral turpitude.
Mr Kahonda, has sought all avenues to stop EC from hearing a petition filed by one of his constituents Godfrey Kahonaho who challenged his nomination saying that the MP was in October 2015, 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.
Kahonaho quoted Article 80 of the Constitution and Section four of the Parliamentary Elections Act, which say “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.
On three occasions Kahonda has tried to secure a permanent Court order against EC but in vain.
He first filed a Case against EC in High Court Kampala but later withdrew it. He quietly filed another application in Mbarara High Court over the same.
Mbarara Court dismissed the application.
It is against that backdrop that he tactfully went to Soroti High Court before resident judge Wilson Masalu Musene, and used Okiror as an agent who sued EC on his behalf.
The judge granted Kahonda an interim injunction on November 11, pending hearing of EC’s defence on November 16.
Absent
However, EC lawyers were not presented in Court on Monday (November 16) to respond to the allegations raised by Kahonda’s agent Hon Okiror.
It must be noted that, the EC counsels were served and judge expected to hear their defence on Monday.
The EC lawyers are facilitated using tax payer’s money to execute the mandate as representatives of the commission.
As to why they were a no show, it remains unknown.
Their absence in Court on Monday ignited suspicion that they could have colluded with Mr Kahonda to allow Court pass judgment in his favour.
It must be remembered that one of the legal advisors of EC Eric Sabiiti was excused from Kahonda’s case after it turned that he was working closely with him (Kahonda) to elude justice.
On numerous occasions Mr Sabiiti attempted to kill the case by hiding the documents, failing to appear before the High Court Registrar Jamson Karemani in Kampala and extending monetary advances to petitioner (Godfrey Kahonaho) through emissaries to disown the EC petition.
The Soroti resident Judge has set November 23, as of when he will deliver judgment which will decide on Kahonda’s fate.