The Supreme Court rejects Kyagulanyi’s bid to file new affidavits

The Supreme Court in Kampala has rejected former presidential candidate, Robert Kyagulanyi’s bid to file additional affidavits in support of his petition challenging the victory of President Museveni in the January 14 elections.

In an eight to one majority ruling Friday evening, justice night Percy Tuhaise dismissed the National Unity Platform (NUP)’s application that sought extra time to file his new affidavits.

The respondents are Mr Yoweri Museveni, the ruling National Resistance Movement’s former flag bearer whom the Electoral Commission (EC) declared winner of the January14 election, the EC and the Attorney General.

On Wednesday, the musician turned politician, popularly known as Bobi Wine, filed an application seeking court’s permission to allow his additional 127 affidavits, which the court had rejected on account of being filed out of time.

Through his lawyers, Mr Kyagulanyi argued that the additional affidavits comprising statements, videos, photographs and audio recordings are essential in the petition to enable the court to effectively inquire into and determine all questions involved in the matter.

“The time granted to the applicant for filing additional evidence in support of the petition be enlarged by one extra day to enable him file and serve all his compiled affidavits,” he states.
Mr Kyagulanyi, who was the first-runner up in the January polls, argued that the application was brought without delay because of the prevailing special circumstances that warranted its grant.
However, during hearing on Friday the Electoral Commission (EC) lawyer, Mr Joseph Matsiko and the Attorney General (AG), Mr William Byaruhanga agreed with the earlier submissions of Mr Museveni’s lawyer, Kiryowa Kiwanuka that Mr Kyagulanyi’s application was incompetent with no exceptional circumstances to allow it to proceed.