Wilson Watira, the former Bukigai County parliamentary candidate has asked for more time from the appellant court to file grounds for his appeal against the victory of his rival, David Wakikona. Watira ran for the Bukigai County parliamentary seat in Bududa district in the January 14th, 2021 polls and lost to Wakikona.
He garnered 2177 votes against Wakikona’s 4108 votes. Watira rejected the poll results and petitioned Mbale High Court citing malpractices and discrepancies in the name on Wakikona’s academic documents. He claimed that the O’ Level certificate presented by his rival shows that he is David Wakikona Wandendeya while the A’ Level certificate reads Wakikona Wandendeya David.
He said that his certificate from Soroti flying school carries Wakikona D. Wandendeya while his advanced flying certificate reads Wakikona David. He questioned the authenticity of Wakikona’s certificate from Soroti flying school.
While appearing before a panel of three justices of the appellant court comprisingJustice Fredrick Ntende Egonda, Christopher Madrama and Eva Kawuma Luswata on Monday, Watira noted that he had failed to file grounds of his appeal within the stipulated time because of various reasons.
His lawyer, Joseph Luzige explained his client was not aware that the high court had delivered judgment on the matter since he was absent.
According to the rules of the election, the grounds of the appeal must be filed seven days after filing a written notice of appeal. Mbale High Court delivered its verdict in this matter on September 3, 2021, according to the court records.
However, Watira claims that despite his request for the typed court proceedings when he learnt about the judgement, the court only availed him of the records on October 19, 2021, when the time for filing a memorandum of appeal had elapsed.
The Electoral Commission lawyer, Hilda Katutu asked the appellant court to dismiss the application on grounds that the applicant had not demonstrated any special circumstances to warrant the extension.
“My Lords, the 2nd Respondent notes with concern that there is a growing tendency by Advocates to deliberately lie in order to defeat the ends of justice, contrary to the advocates’ Act as well as the regulations thereunder,” she told the court.
Katutu accused Watira of deliberately disobeying court directives and failing to observe timelines. The justices adjourned the court, saying they would deliver a ruling from the appeal on notice. The electoral regulations provide for the extension of time under special circumstances;
“The court may on its own motion or on application by any party to the proceedings, and upon such terms as the justice of the case may require, enlarge or abridge the time appointed by the Rules for doing any act if, in the opinion of the court, there exist such special circumstances as make it expedient to do so,” the rules provide. The High Court in Mbale dismissed Watira’s application for alleged incompetence and lack of merit.
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