The High Court has not yet set a date for the substantive hearing of former minister and former Kalungu East MP Vicent Bamulangaki Ssempijja's election petition after the respondent, National Unity Platform (NUP) candidate Yusuf Kiruruta Nkerettanyi, challenged the timing of its filing.
Ssempijja is challenging Nkerettanyi's declaration as the elected Member of Parliament for Kalungu East, alleging that the election was marred by irregularities, including violence, and that his victory was taken away.
However, Nkerettanyi has raised a preliminary objection, arguing that Ssempijja filed the petition after the legally prescribed 30-day period for challenging parliamentary election results had elapsed following gazetting.
Nkerettanyi argues that the matter should first be determined on the basis of the filing deadline before the court proceeds to examine the substantive allegations contained in the petition.
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"They filed this case after the 30 days within which cases of this nature are supposed to be filed had already expired because they give 30 days after gazette to file the election petitions, but for him, he filed very, very late," Nkerettanyi said.
He said he was waiting for Ssempijja to serve him with the relevant documents so that he could file his rejoinder within the period directed by the court.
Nkerettanyi said Ssempijja was expected to serve him with the documents by Friday, after which he would also be required to respond by the same day.
The parties are then expected to return to court on Tuesday, September 22, at 2:00 p.m., when the court is expected to deliver its ruling on the preliminary objection.
Nkerettanyi said the ruling will determine whether the election petition proceeds to a substantive hearing or comes to an end at the preliminary stage.
"We are waiting for the court's ruling on this issue so that we can know whether the case will proceed or not," he said.
Despite the challenge over the filing period, Ssempijja remains optimistic about his petition and says he is ready to present evidence that he believes will prove he was the rightful winner of the Kalungu East parliamentary seat.
"I am happy that court has accepted my petition and allowed the matter to come before it. I believe our victory was taken away from us, and this has given me hope that we shall be able to present our evidence," Ssempijja said.
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The former minister alleges that the Kalungu East election was characterised by several irregularities, including violence and the deaths of people he described as innocent.
He maintains that the petition is not simply a personal political battle, but an attempt to seek justice for voters whom he says were denied a credible electoral process.
Ssempijja also claims that residents of Kalungu East were dissatisfied with the election outcome and says the time has come to fight for what he considers electoral justice.
"This is the time for us to fight. If these issues are not addressed, the country will not move forward properly," he said.
Nkerettanyi, however, remains confident in his victory and says he is not intimidated by the legal challenge.
He said he believes the court will interpret the law correctly and determine whether Ssempijja's petition was filed within the required time.
"I believe the judge handling this matter is competent and will deliver justice," Nkerettanyi said.
He also urged Ssempijja to accept the election outcome, insisting that he was duly declared the winner of the Kalungu East parliamentary race.
The immediate legal battle is now centred on the filing deadline rather than the substantive allegations surrounding the election.
With the parties expected back in court on September 22 for a ruling, the decision will determine whether Ssempijja gets an opportunity to present his evidence and challenge Nkerettanyi's victory on its merits, or whether the petition will be dismissed at the preliminary stage.
