MBARARA.The High Court in Mbarara City has dismissed a case filed by a section of disgruntled Democratic Party (DP) members challenging the re-election party president general Norbert Mao.
The applicants, Ms Edith Byanyima, Ms Kamya Kasozi and Mr Julius Dumba, through their lawyer, Mr Isaac Ayebazibwe, had sought judicial review of the delegates conference held in Mbarara from May 30 to June 2, arguing it was flawed and marred by irregularities.
Respondents in the case included the DP , Mr Gerald Siranda, Mr Kennedy Mutenyi, Mr Herbert Rutagwera, Mr Norbert Mao, Mr Mayambala Kiwanuka Ssempala, Mr Mukasa Mbidde and the Electoral Commission.
On Monday, September 8, Justice Allan Paul Nshimye upheld preliminary objections raised by the respondents, including that the application was time-barred and that the applicants had not exhausted internal party remedies.
“The court in determining objection four found that the motion was not filed against the first and second respondents within the stipulated time in the law and as such, the remedy prescribed in the law is to dismiss the application. The application therefore stands dismissed,” he ruled.
He added: “This Court in determining objection three found that the applicants did not exploit existing internal remedies available within the political party structures in respect to the 1st–7th respondents or those under the law in respect to the 8th respondent before filing this application for judicial review. This application is thus premature since internal mechanisms were not exhausted.”
Justice Nshimye concluded by dismissing the application with costs to the third, fourth, fifth and eighth respondents.
Following the ruling, Mr Ayebazibwe said the applicants would appeal.
“The law requires us to seek leave to appeal, we are going to do so as advised by this court. We are sure we are going to exploit all the judicial processes until we get justice. If we fail here at the Court of Appeal, we will go to the Supreme Court. Time is the best answer,” he said.
Mr Imam Makumbi, DP vice president for western Uganda, welcomed the ruling and called for d for unity.
“We followed the rule of law and our constitution to have the DP leadership now in place. I appeal to my brothers and sisters to join us and work together for the good of our party,” he said.
But Ms Byanyima rejected that call, insisting they would not recognise the current leadership.
“I have been in DP for over 45 years. I don’t want any leadership in this party, but I don’t want to be part of a clique of people in cooperation agreement with a government where there is no rule of law, human rights abuses, no justice. We will not sit until we regain the DP of truth and justice,” she said.