Kampala High Court's Justice Henrietta Wolayo has on Tuesday dismissed an election petition challenging Nansana Municipality Member of Parliament Hannington Musoke Nsereko Wakayima's election.
Wakayima’s victory was being contested by Hamis Musoke Walusimbi who accused him of lack of academic qualification due to discrepancies in his names.
In his ruling, Justice Henrietta Wolayo stated that the petitioner’s case is very weak and consequently, it couldn't stand.
“I have analyzed the evidential basis for the petitioner ‘s case and found it weak. The UCE, UACE and diploma in secondary education from ITEK were duly verified by the issuing authorities and therefore valid. The first respondent published a deed poll that retained his old names Musoke Hannington and adopted two other names Wakayima Nsereko thereby fulfilling the requirements in the prescribed law and removing the disparity that had been pointed out by the Court of Appeal,” Wolayo said.
The judge explained that whereas Walusimbi challenged Wakayima Musoke’s academic documents over discrepancies, there is no evidence to show any other person who claims the documents.
“No one has turned up to claim to be Musoke Hannington and neither has anyone turned up to claim they know of Musoke Hannington who is being impersonated by the first respondent. These findings, lead me to one conclusion, that is, the petitioner has failed to satisfy me that the first respondent was wrongly nominated when he did not possess academic qualifications.”
According to the judge, Wakayima went through the right process that saw him adopt the new name of Wakayima Musoke Hannington Nsereko and consequently renounced all the other names .
“I find that the first respondent was lawfully nominated because he was not only a citizen and a registered voter, but he also possessed the required academic qualifications UCE and UACE for Member of Parliament. This petition is accordingly dismissed.”
The judge directed that Hamis Musoke Walusimbi who was the petitioner should pay costs to Wakayima.