Kamya’s case goes to High Court

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Beti Kamya in Rubaga North

Uganda Federal Alliance [UFA] members have now taken the case involving their party President Beti Olive Kamya to courts of law.

Last month, Kamya the founding UFA president was declared NRM flag bearer during the party primaries in which she defeated Brian Tindyebwa and Dr. Isaac Lwanga.

While Kamya poses as a member of the ruling NRM party having joined in March this year, UFA party members Baker Ssenyonga Byayi and Isma Makumbi say that she never relinquished her position as party president.

They were counting on her as the UFA flag bearer for Rubaga North in 2021, according to the August 28 petition to the NRM Electoral Commission seeking nullification of Kamya’s nomination to contest for flag bearer Rubaga Division.

Victoria University

The petition filed by Bumpenje and Co. Advocates maintains that Kamya’s nomination as NRM flag bearer contravenes the 1995 constitution and the Political Parties and Organization’s Act therefore, the NRM elections tribunal should nullify Kamya’s candidature.

Even the NRM chairperson for Rubaga division, Edson Mwesigwa, also petitioned the tribunal over the same and indicated that whereas Kamya was nominated as a flag bearer for Rubaga North, she is a resident of Rubaga South.

Tribunal dismisses petition

The NRM elections tribunal reviewing complainants related to election fraud including forged declaration forms, violence and voter bribery, heard the matter and on Wednesday this week pronounced itself on the emerging issues.

The tribunal concluded that after UFA requested a period of two months, it was incumbent upon the party leadership to fulfil the promise [of holding the delegates conference] or risk non-compliance with requirement.

The tribunal found no compelling reason not to believe the admission by the six [6] executive members of UFA that the respondent officially and publically left UFA in February 2020 at the NRM district offices in Mengo.

Upon the respondent leaving her former political party, it was the duty and obligation of the incumbent executive committee to file for the necessary changes caused, as statutory returns, to the national EC.

The tribunal faulted UFA for non-compliance and explained that Kamya took oath and swore allegiance to NRM in the presence of UFA members including the petitioner.

“The petition lacks merit and it stands dismissed,” reads a decision signed by Chris Bakiza (member) and Enoch Barata (chairman of tribunal).

Lawsuit

Dissatisfied with the decision, petitioners Ssenyonga Baker, Wesonga Joel, Tindyebwa Brian Kusingura and Edison Mwesigwa, have now lodged a case in High Court Kampala insisting that Kamya was “illegally, irrationally and wrongly nominated to contest as the NRM party flag bearer for Member of Parliament of Rubaga north constituency in Kampala district”.

They are seeking an order of injunction and or prohibition; restraining the 2nd Respondent [NRM] and its officials, representatives and agents and/or servants from submitting and or nominating the names of the 1st Respondent [Kamya] with the Electoral Commission of Uganda as the NRM party flag bearer for Rubaga North Constituency.

They cited Kamya’s dual party Membership.

The petitioners also seek an Order of certiorari be issued quashing the 2nd Respondent’s decision to nominate the 1st Respondent to contest in the National Resistance Movement party primaries election for the party flag bearer for Member of Parliament of Rubaga North Constituency in Kampala District.

“Costs of this application be provided for against the Respondents jointly and or severally,” reads the suit filed by M/S Bumpenje & Co. Advocates.

“That therefore it is in the interest of justice and fairness for this Honourable Court to grant this application with all the reliefs hereby sought,” reads the suit.

In 2016, Kamya unsuccessfully contested for the Rubaga North seat on the UFA ticket while, in 2011, she used the same platform to challenge the NRM chairman, Yoweri Museveni for the national Presidency.

Museveni instead appointed her as minister for Kampala Capital City Authority [KCCA] and later as Lands, Housing and Urban Development minister.

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