Daily Monitor
Friday February 12 2021
I wish to pay tribute to the late Retired Judge of the High Court, Vincent Ferrerio Kibuuka Musoke (RIP). He was eulogised as a judge who left a good legacy within the legal profession, especially in election petitions.
Reference may be made to the parliamentary elections that were held throughout Uganda on Tuesday, June 26, 2001. Ngoma Ngime and Winnie Byanyima contested for Mbarara Municipality Constituency. The latter was declared the winner, but the former challenged it in the High Court of Mbarara.
Although the Office of the President is alleged to have tried to meddle in the case, hence causing a lot of tension, Justice Kibuuka Musoke, without fear or favour, ratified Byanyima’s win. It is, hence, timely to appreciate his legacy in the wake of the ongoing process of hearing election petition cases.
“The second respondent personally or through his agents, with his knowledge, consent or approval, offered or caused to be offered to registered voters various gifts including, but not limited to, money, cosmetics, steamers, foodstuffs, cows and footballs with a view of procuring voters to vote for him,” Kivumbi’s petition reads in part.
BREAKING THE LAW
The EC was accused of failing to deter Kikulukunyu from breaking the law and therefore “compromised the principles of impartiality and transparency when it failed to restrain the second respondent from carrying out illegal activities during the campaign period.”
Ultimately, court nullified the election. Muwanga Kivumbi won the by-election held on September 12, 2012. Article 68 of the Parliamentary Elections Act, 2005, stipulates that “A person who, either before or during an election with intent, either directly or indirectly, to influence another person to vote or to refrain from voting for any candidate, gives or pro