Just a few days after Ruhinda South MP Donozio Kahonda withdrew his petition against Electoral Commission (EC) from the High Court in Kampala, he has covertly filed a fresh application seeking an order restraining the commission from disqualifying him from the race.
Kahonda’s intent is to stop EC from hearing a petition which challenges his candidature on grounds that he violated the law to contest for MP as an ex convict on charges of forgery.
Kahonda had withdrawn the application from the High Court in Kampala on November 4th.
He earlier told court that the petition filed by Godfrey Kahonaho- a voter from Ruhinda South 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.
Realizing his two opponents in the race also filed a rejoinder on his case, Kahonda withdrew the petition and awaited the EC’s verdict.
He would later in a clandestine move to evade justice rush to Mbarara to file a new legal suit to challenge Kahonaho’s application.
It was therefore contentious for him to take the same application to another court without asking the former for permission to transfer the same.
However, this website has learnt that the Mbarara High Court rejected to issue an order in Kahonda’s favour as he applied.
Against that backdrop, EC has directed him to appear before the commission on Wednesday, November 11 when an application challenging his candidacy will be heard.
EC further sent its lawyer in Hamid Lugoloobi to Mbarara Court for representation.
This website understands that EC declined to dispatch Eric Sabiiti to Mbarara after learning that he is conflicted considering the allegations that he had colluded with Kahonda to ‘kill his case’ at the commission.
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.