BY MATHIUS KAHUNGU
The Fort portal high court has ordered the respondents in the election petition that was filed by National unity platforms’ Jackson Mbaju Kathika to produce an original certified declaration of results form for Jabezi P/Sch Compound A-K within three weeks.
The directive was made yesterday following an application by counsel for the petitioner led by Patience Babiwemba and Innocent Wanambugo from J Byamukama and Co. Advocates.
The advocates told court that they had initially issued a notice to the first respondents lawyers demanding for issuance of the same documents of which they only received photocopies. They had also asked the returning officer Kasese district and the electoral commission to provide transmission logs and access their servers so as to ascertain the exact number of votes that were transmitted to electoral commission system.
In response, Jesse Soita the lead counsel representing Hon. David Mulindwa Isimbwa acknowledged receipt of the said notice but declined to surrender the original document for purposes of protecting their client.
Martin Mbanza Kalemera from Birungi Barata and Associates who represents the Kasese District Returning officer and the electoral commission respectively objected to the submission of the petitioning side to inspect their clients’ servers but instead asked court to allow them rely on documentary evidence to be produced by the electoral commission.
He asked court to give them time to produce the certified hard copies of the declaration forms from the contested polling station assuring it would be done in a period of three weeks.
In her ruling, the presiding judge Hon Lady Justice Joanita Gertrude Bushara, ordered the 3rd respondent to produce the said documents by October 02 and duly serve them to the parties for further examination before the hearing of the petition commences on the 20th of October. ENDS.