The Supreme Court yesterday commenced the preliminary hearing of the presidential election petition filed by former presidential aspirant Robert Kasibante.
The court, however, dismissed an application seeking an adjournment to amend a request for discovery of documents, citing strict constitutional timelines governing election petitions. The matter was heard by a nine-member panel of justices led by newly appointed Chief Justice Flavian Zeija, alongside Justices Percy Night Tuhaise, Mike Chibita, Elizabeth Musoke, Stephen Musota, Christopher Madrama, Catherine Bamugemereire, Monica Mugenyi, and Muzamiru Kibedi.
Mr Kasibante, who was present in court, is represented by a legal team led by Dr Julius Galisonga, assisted by Mr John Isabirye and Mr Ivan Bwowe. President Museveni is represented by lead counsel Mr Ebert Byenkya and Mr Edwin Karugire, while the Attorney General, Mr Kiryowa Kiwanuka, led the government legal team, assisted by Solicitor General Pius Biribonwoha and two senior State attorneys. The Electoral Commission (EC) was represented by former Deputy Attorney General Mr Mwesigwa Rukutana and Mr Eric Sabiiti.
At the start of proceedings, Mr Isabirye informed the court that the petitioner, Mr Kasibante, was seeking an adjournment to allow amendments to an application for discovery and inspection of documents, following objections raised by the respondents. He explained that responses from the respondents faulted the application for failing to specify the exact documents sought. However, Mr Byenkya argued that the request was legally untenable under the laws governing presidential election petitions. ‘This is no ordinary suit. It is governed by strict rules and timelines,’ Mr Byenkya told the court, adding that time started running on January 18 and lapses after 45 days.
He argued that allowing the adjournment would prejudice the President, who had not been informed of the specific documents being sought. Mr Rukutana, appearing for the EC, said the application was incurably time-barred and amounted to an indirect amendment of the petition. AG Kiwanuka also opposed the adjournment, noting that the discovery application had been filed even before responses to the main petition were received. After consultations, Justice Mike Chibita delivered the court’s unanimous decision. ‘The application for adjournment is dismissed due to the strict timelines within which this court must hear the petition,’ Justice Chibita ruled.
The court directed parties to proceed with the main application for discovery. Parties were ordered to meet, prepare a joint scheduling memorandum, file submissions, and return to court on February 3 for further directions. Mr Kasibante’s petition challenges President Museveni’s re-election on grounds of alleged non-compliance with electoral laws and commission of electoral offences, and seeks access to Electoral Commission documents to support the claims.