ELECTION PETITIONS: Court of Appeal has dismissed the election petition appeal which was filed by Herbert Tom Kinobeere challenging the 2016 election victory of Hon. Wairagala Godfrey Kamba as the Member of Parliament for Kibuku County.
This appeal had stalled for years for a number of reasons. The case first came up for hearing on 28th March 2017 before Justices Steven Kavuma (DCJ then), Hellen Obura, Aliphonse Owinyi Dollo and the judgement was to be delivered on notice.
After Kavuma retired before delivering the judgement, a new panel was put in place consisting of Justice Aliphonse Owinyi Dollo, Kenneth Kakuru and Hellen Obura.
This panel heard the case afresh on 4th October 2018 and reserved the judgement on notice but on 20th August 2020 Dollo was elevated to the office of Chief justice before the Judgement was ready for delivery.
The court yesterday finally ruled on the case, dismissing it as “moot.”
The judges noted that with absence of the third judge it could require constituting another panel which may take some time yet fresh elections were held for the same seat.