Court of Appeal has finally set 16th May 2017 to allow counsels on both sides to give their submissions after selecting a panel of Justices to listen to the submissions.
On 17th June 2016 Justice Vincent Okwanga of the High Court in Kampala ruled on Two grounds that MP Wakayima Musoke Nsereko was nominated in error arising from the discrepancies and or inconsistencies in his names both in the voters register, academic papers and the names he used to contest for the MP seat. Secondly the judge ruled that there were electoral malpractices at 24 polling stations in Nansana Division whose DR forms disappeared with connivance of Presiding Officers.
Surprisingly, whereas EC said that they were not in possession of the 24 DR forms at the time of announcing the results, the same DR forms were submitted in court as part of evidence. Justice Okwanga faulted EC for failing to exercise their mandate and allowing someone else to have DR forms.
Court therefore threw out Wakayima Musoke Nsereko and declared the Petitioner Mr Kasule Robert Sebunya an MP for Nansana Municipality winner including disallowing a byelection.
Wakayima Nsereko appealed the ruling arguing that since there were other candidates in the race, Justice Okwanga erred in law to assume that without him Kasule would be the automatic winner.
He also still holds that he won the election fairly hence the appeal. Wakayima pleads to be reinstated as a validly elected MP or in the alternative but without prejudice to the latter a by election be held in Nansana municipality.
Unfortunately for Wakayima and the opposition is that their house is so divided that already three candidates are already out in a fierce campaign against a united Nrm camp in anticipation of a by election.
The line up stands;Kaaya Rajab Semalulu of FDC,Kibanga DP -independent leaning to TJ and the incumbent Wakayima Nsereko of the DP all set to face Kasule Ssebunya the Nrm candidate.