NRM Lawyers Lost it Home and Away, Court Rules, Kyagulanyi Petition Withdrawal Is At No Cost

By: Twinomujuni Catharine

Kampala: The Supreme Court has today ruled that the National Unity Platform Principal Robert Kyagulanyi Sentamu should not pay any costs for withdrawing the petition in which he was challenging president Museveni’s win in the 2021 presidential general elections.

Explaining their ruling of allowing the withdrawal of the petition to be free, the panel of nine justices said that making the petitioner pay costs for withdrawing the petition will make people fear to file petitions in future cases.

It should be noted that according to section 61 of the presidential elections Act, 2005 states that if a petition is withdrawn, the petitioner is liable to pay costs of the respondent.

On Thursday, the judges said that it ain’t mandatory to subject the petitioner to costs and that court has a choice to decide.

“The need to promote access to justice in presidential election petitions overrides the need to condemn the applicants to payment of costs. Each party will pay their own costs” the judges directed.

According to Justice Ezekiel Muhanguzi, the filing of the petition was symbolic that democracy exists in Uganda.

“This petition touches democracy and validity of the election to the highest office in the land” says Justice Ezekiel Muhanguzi.

However, Kyagulanyi’s Lawyers didn’t find this convincing to be democracy.

“Persons aggrieved and dissatisfied by the presidential election outcomes should find it smooth to access courts of laws and thus a petition of this nature is important in guaranteeing democracy and rule of law for Ugandans.” Says Ssegona one of Kyagulanyi’s advocates.