Former Defense Minister Vincent Ssempijja has suffered a major legal setback after the Masaka High Court dismissed his petition challenging the election of Kalungu East Member of Parliament Yusuf Kiruruuta Nkeretaanyi.
In her ruling delivered on Tuesday, Justice Joyce Kavuma agreed with Mr Nkeretaanyi’s legal team that Mr Ssempijja’s petition was filed beyond the statutory 30-day period required following the declaration of election results.
Citing Rule 5(1) and (14) of the Parliamentary Elections Rules alongside Section 82 of the Parliamentary Elections Act, Justice Kavuma noted that election laws strictly limit the timeframe within which a petition can be lodged.
“The petition was neither filed in time nor as per the existing laws, and court has no mandate to extend that period,” Justice Kavuma said in her ruling, which was read by the Masaka High Court Registrar, Mr Roy Kalungi.
Justice Kavuma directed that both parties bear their own legal costs.
The ruling stems from a preliminary objection raised during last week’s pre-trial conference by Mr Nkeretaanyi’s lead counsel, Mr Kenneth Kakande, who argued that the petition was time-barred and urged the court to dismiss it on technical grounds.
Responding to the decision, Mr Samuel Muyizzi, another attorney representing Mr Nkeretaanyi, said the petition was flawed from the onset.
‘This was a matter that did not require evidence, but simply the interpretation of the law. The learned judge has ably done that, and we are happy that the decision was in our client’s favor,’ Mr Muyizzi said.
The court’s decision was greeted with celebration by Mr Nkeretaanyi’s supporters who had gathered outside the court premises. Conversely, Mr Ssempijja’s legal team and supporters quietly exited the courtroom without speaking to reporters.
According to results announced on January 16 by the Kalungu District Returning Officer, Ms Teddy Nabukenya, Mr Nkeretaanyi-a newcomer contesting on the National Unity Platform (NUP) ticket-won the Kalungu East seat with 15,473 votes. Mr Ssempijja, running on the ruling National Resistance Movement (NRM) ticket, came second with 13,219 votes, representing a margin of 2,254 votes.
The incumbent MP, Mr Francis Katabaazi, trailed with 649 votes, followed by independents Deogratious Katongole (637 votes) and Irene Nanyanzi (485 votes). Democratic Front’s Mathias Kintu gathered 189 votes, while the Democratic Party’s Asuman Kabonge polled 90 votes.
Mr Ssempijja had sought a court order for a by-election, alleging that the exercise was marred by widespread irregularities.
A history of contested results
This is not the first time the former minister has sought post-election remedies following a loss in Kalungu East.
Days after the January polls, Mr Ssempijja filed an application for a vote recount. However, during the recount exercise, Masaka Chief Magistrate Albert Asiimwe halted the process after discovering that five ballot boxes had been tampered with. Magistrate Asiimwe advised Mr Ssempijja to instead seek redress through a full petition in the High Court.
A similar scenario played out following the 2021 General Election, when Mr Ssempijja challenged the election of NUP’s Francis Katabaazi, who had defeated him by 1,333 votes (12,198 votes to Ssempijja’s 10,865). The recount process at the Masaka Chief Magistrates Court was abruptly called off by then-Chief Magistrate Charles Yeteise after it emerged that seals on several ballot boxes had been broken.
Mr Ssempijja previously served as the Kalungu East MP and held cabinet portfolios, including Minister for Agriculture, Animal Industry and Fisheries, and Minister for Defense and Veteran Affairs. Prior to his tenure in Parliament, he served as Deputy Resident District Commissioner for Mubende (1992-1993), Resident District Commissioner for Masaka (1995-1998), and Masaka District LCV Chairperson (1998-2011).