The Ruhinda South Member of Parliament, Retired Captain Donozio Mugabe Kahonda has retracted a petition he filed with the the High Court Registrar in Kampala after he sought to stop an application filed by a voter who intending to disqualify him from the parliamentary race.
Kahonda had told court that the petition filed by Godfrey Kahonaho before the Electoral Commission should not be heard and determined until an appeal challenging his nine months’ sentence on charges of forgery and impersonation is determined.
In October 2015, Kahonda was arraigned before the court on 14 charges related to impersonation and forgery of several academic documents in the name of Dickson Mutabazi, which he reportedly used to join the Jinja Military Academy on November 11 2001.
He was convicted on eleven counts and acquitted on three counts. He was subsequently sentenced to nine months in jail on all counts and the sentence was to run concurrently.
However, Kahonaho petitioned Justice Simon Byabakama, the EC Chairperson to disqualify Kahonda from the race on grounds that he is a convict.
Kahonaho cited article 80 of the Constitution and Section four of the Parliamentary Elections Act, “a person is not qualified for elections as a Member of Parliament if that person has within the seven years towards the election been convicted by a competent court or a crime involving dishonesty or moral turpitude”.
Kahonaho argues that Kahonda who was convicted three years ago should be disqualified because he is not fit to be nominated as MP.
However, in his application filed before the Civil Division of High Court, Kahonda wanted the High Court to issue a temporary order restraining the Electoral Commission from entertaining and resolving any complaint against him in regards to his conviction; until the appeal is disposed of.
This website has since learnt that Kohonda on the advice of his lawyers has yielded to pressure from the voters and withdrawn the application after Kahonaho’s lawyers Tugume Byensi and Company Advocates also filed a rejoinder on his case.
This means that Kahonda is now awaiting the Electoral Commission verdict on whether he is fit to remain in race after violating the Parliamentary Elections Act.
We further understand that Kahonda had conspired with an Electoral Commission lawyer Eric Sabiiti to dustbin the petitioner’s application before it was heard by Justice Simon Byabakama and his administration.
Last week we reported how Sabiiti had harassed Kahonaho with a bevy of calls trying to suggest financial advances to disown the case, which the petitioner denied.
Mr Sabiiti had since resorted to blackmail and intimidation, until the petitioner’s lawyer raised the concern in the meeting in which EC chairman was hearing the petition.
Justice Byabakama reportedly chased away Sabiiti from the meeting.
Now withdrawing the court case means Kahonda is trapped and has allowed the full arm of the law to take its course.
The disqualification and qualification of Electoral Commission Act requires every aspirant to swear an affidavit over his/her record while being nominated as a candidate.
Meanwhile reliable sources in Ruhinda Constituency revealed to this website that several other voters are planning to file a new court case of perjury against Kahonda after he violated the above mentioned act.