Court orders for fresh hearing of election petition against MP Kato

By Rachael Najjuma

15^th July 2022

The Court of Appeal has ordered for fresh hearing of an election petition filed by the loser of the Katerera County Parliamentary elections Hatwib Katoto against his brother Muhammed Kato.

This is in a decision by a panel of three Court of Appeal Justices composed of Elizabeth Musoke, Muzamiru Mutangula Kibeedi, and Monica Mugenyi.

The appeal arises from the January 2021 elections when the Electoral Commission declared Kato as the winner with 12,213 votes against Katoto’s 9,302 votes.

Katoto petitioned the High Court in Mbarara seeking to nullify the victory of Kato on grounds that he did not have the requisite academic qualifications to be a legislator, which is the Advanced Level of Education or its equivalent.

He noted that there was non-compliance with the Electoral laws and principles which affected the result of the election in a substantial manner.

He cited multiple voting, ballot stuffing, intimidation of voters with guns and sticks, and Kato’s alleged printing and displaying of posters with the name ‘Katoto’ to mislead voters as he reportedly passed off as Katoto among other flaws.

The Electoral Commission and Kato asked the High Court, preceded by Justice Moses Kazibwe, to dismiss the case on grounds that some of Katoto’s affidavits had been filed out of time but Katoto Appealed against it.

But in their Judgment delivered by the Court of Appeal Registrar Henry Twinomuhwezi on behalf of the three Court of Appeal Justices, they have ordered that the case file should be sent back to the High Court for a retrial before a different Judge.