Ms Betty Ssentamu, the sister to Opposition leader of National Unity Platform (NUP), Robert Kyagulanyi aka Bobi Wine, has petitioned the Court of Appeal challenging the dismissal of her election petition against NRM’s, Sylvia Nayebale.
On August 30, Justice Anthony Wabwire dismissed Ms Ssentamu’s petition on technicality after he concurred with the legal team of Ms Nayebale that she (Ms Ssentamu) did not pay the filing fees of Shs150, 000 in time and that she only paid Shs100, 000, contrary to the law.
But in her memorandum of appeal that she filed on September 13, Ms Ssentamu faults Justice Wabwire for holding that she did not pay sufficient filing fees.
She also faults the judge for holding her liable for the mistake of her lawyer who failed to pay sufficient filing fees thereby dismissing her petition.
Ms Ssentamu says Justice Wabwire failed to determine her petition on merits thereby, derogating her rights to a fair hearing.
She also accuses the judge of ‘‘striking off 28 of her affidavits in support of her petition from the record for contravening section 3 of the Illiterates Protection Act.’’
Ms Ssentamu had petitioned Mpigi High Court, claiming her competitor, Ms Nayebale was wrongly declared winner on account that the elections were marred with irregularities that substantially affected the outcome.
Through her lawyers of Lukwago & Co. Advocates, Ms Ssentamu wants the Court of Appeal to set aside the High Court ruling and allow her to pay the filing fees and have the petition heard on its merits.
Following the January 14 polls, the Electoral Commission declared Ms Nayebale, winner for the Gomba District Woman MP seat after garnering 30,253 votes.
Bobi Wine’s sister came in second with 22,657 votes.
Ms Nakato Kyabangi, the other contestant in the race, got 1,716 votes.