Proceedings in the election petition filed by former State Minister for Water Ronald Kibuule against Mukono North MP Abdullah Kiwanuka took a dramatic turn on Monday when tempers flared between lawyers and a key witness struggled to stand by his earlier sworn testimony.
Kibuule, a former National Resistance Movement (NRM) legislator, is seeking a court order for a recount of votes in the Mukono North parliamentary race, which he lost to Kiwanuka of the National Unity Platform (NUP).
The courtroom atmosphere grew tense when Kibuule’s lawyer, Frank Akandiho and Kiwanuka’s counsel, Bugiri Municipality MP Asuman Basalirwa, clashed over the credibility of evidence. The flashpoint centred on the testimony of Kibuule’s witness, Murushid Tebuseeke.
Security officers guarding the courtroom were forced to move closer to the bench and repeatedly urged the lawyers to maintain order, but the exchanges continued. At one point Basalirwa ordered Akandiho to leave the courtroom while the latter was still on his feet addressing the court.
Justice Godfrey Himbaza intervened and called for calm. After a brief pause, the hearing resumed. However, Tebuseeke appeared confused and found it difficult to explain the contents of the affidavit he had sworn.
When asked whether he knew Kibuule, the witness answered in the affirmative. But when shown a newspaper photograph of the former minister alongside the man present in court, Tebuseeke stated that the two did not match in any way. He further said he could not confirm that the name appearing in the newspaper was the same as that of the person in the court room.
Speaking to journalists outside court, Basalirwa said the petition contained “many things they are trying to confuse” and that he could no longer believe the case being presented. He also criticised the conduct of the opposing side during the proceedings.
Basalirwa apologised to the court users for the disagreements between him and Kibuule’s lawyers.
sixteen witnesses had been scheduled to testify on Monday in support of Kibuule’s petition. Only three managed to take the stand. The case was adjourned to Tuesday, when more witnesses are expected to appear.
Nambooze petition also adjourned
In a related matter before the same court, the election petition filed by Dr Daisy Sarah Nabatanzi against Mukono Municipality MP Betty Nambooze and the Electoral Commission was not heard on Monday.
Justice Himbaza granted a short adjournment after Nambooze’s lawyers, led by Medard Lubega Sseggona, applied for more time to prepare. The defence had requested four additional days. The judge allowed two days and fixed the hearing to begin on October 21.
Both parties were present in court. Nambooze attended with a group of supporters and her legal team. Nabatanzi was accompanied by her lawyers, among them Ahmed Kalule Mukasa, Swaibu Mpunga and Malik Kiberu. The Electoral Commission was represented by lawyer Eron Buyinza.
Nambooze told the court she needed the extra time because she was required in Parliament to debate a government Bill aimed at ending child marriage. Addressing her supporters afterwards, she insisted that Mukono does not belong to her alone and expressed confidence in the outcome of the case
Nabatanzi’s lawyers, however, said they had arrived fully prepared to begin arguments and accused the other side of creating obstacles that prevented the hearing from starting. Lead counsel Malik Kiberu maintained that their client has sufficient evidence and expressed confidence that Nambooze would eventually be unseated
Both petitions form part of the post-election litigation arising from the recent parliamentary contests in Mukono district.
