The High Court in Luweero has dismissed an application by Luweero Woman MP Brenda Nabukenya seeking an order compelling the Electoral Commission to produce documents used in the January 15 parliamentary election.
Justice Vincent Emmy Mugabo dismissed the application, which particularly sought the Electoral Commission's Declaration of Results forms, ruling that the applicants had not sufficiently justified their need for the documents.
The court also ordered the applicants to pay the Electoral Commission's costs.
The application was filed in an election petition by Agnes Kirabo challenging Nabukenya's victory in the Luweero Woman MP election.
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During proceedings on Wednesday, Nabukenya, through her lawyer Caleb Alaka, and Kirabo, represented by Ismael Kibirige, agreed to file the necessary documents by October 23 without cross-examining witnesses.
Justice Mugabo set November 6 for the ruling in the petition.
Kirabo said she wants the court to consider the Electoral Commission's Declaration of Results forms, saying she believes they will demonstrate that she won the election.
"I want justice because I am certain that I won," Kirabo said.
Nabukenya, however, maintained that the Declaration of Results forms in her possession show that she won the election and said her lawyers were prepared to defend her victory.
"All the DR forms I have show that I won. It seems Kirabo does not understand this properly, and I do not blame her, but I am the one who won and my lawyers are prepared," Nabukenya said.
Justice Mugabo also handled an election petition filed by Esther Nakawooya challenging the victory of Sarah Najjuma in the Nakaseke Woman MP election.
Through their lawyers, Alaka for Nakawooya and Asuman Basalirwa for Najjuma, the parties agreed not to cross-examine witnesses and instead electronically file the necessary documents by October 23 to support the hearing of the case.
Nakawooya said she wants the petition to establish that candidates whose victories are successfully challenged in court can have those victories overturned.
"I want this case to set a new chapter, showing that when someone steals an election, they should be brought to court, and that victory should be overturned," Nakawooya said.
Najjuma, however, defended her victory, saying she defeated Nakawooya by more than 30,000 votes and that her lawyers were ready to defend the result.
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"I defeated her by more than 30,000 votes. So what is she complaining about? My lawyers are ready to prove that we won," Najjuma said.
Basalirwa said his legal team had been prepared to cross-examine witnesses because it had identified inconsistencies in some of the evidence, but accepted the agreement reached by the parties.
"We were ready for cross-examination because there is a lot of evidence that is inconsistent, but there is nothing we can do," Basalirwa said.
Justice Mugabo commended the parties for reaching an agreement and set November 10 for the ruling in the Nakawooya-Najjuma petition.
Wednesday's proceedings marked the parties' last physical appearance before the court delivers its rulings.
