The Court of Appeal has confirmed the election of two NRM MPs; Edward Ssembatya (pictured) as MP for Katikamu South Constituency, and Christopher Kalemba as the validly elected representative for Kakuuto County.
This is after the court over-turned the decisions of the Kampala and Masaka High Courts that had nullified the election of the two MPs.
In the case of Edward Ssembatya, High Court Judge Henry Kaweesa had ruled that the diploma in Financial Office he attained from Uganda Management Institute was invalid because he only studied for 9 months instead of the required 2 years.
Justice Kaweesa had also based his decision to cancel Ssembatya’s election on discrepancies in the names appearing on his academic transcripts.
However today justices; Steven Kavuma, Alfonse Owiny -Dollo and Richard Buteera faulted Justice Kaweesa for usurping the powers of UNEB to validate academic qualifications, thus reaching a wrong conclusion.
They have therefore ruled that unless UMI recalls its diploma, court has no powers to question its authenticity, and therefore upheld MP Sembatya’s election.
The same panel of justices has ruled that Christopher Kalemba possesses valid academic documents to be elected as MP for Kakuuto county.
Masaka High Court Judge Margaret Tibulya had nullified his election on grounds that the MP had not resigned as RDC for Lwengo district bfeore seeking nomination, as required by law.
However the 3 Court of Appeal Justices ruled that Kalemba had already resigned as RDC in May 2015, before the December nominations and therefore Justice Tibulya wrongfully cancelled his election.
