KAMPALA– Benedicto Kiwanuka Galiko, one of the Democratic Party (DP) members has petitioned High Court Civil Division Registrar, expressing dissatisfaction with the records of proceedings for his matter raising from the matter where he dragged Democratic Party, Dr. Gerald Siranda, Hon. Nobert Mao, Dr. mayambala Kiwanuka and Herbert Rutagwera (Respondents).
“Your Hon. I am pleased to inform you that, I am the applicant and
successful party in High Court Misc Cause No. 306 of 2020. The matter Misc Application No. 0576 of 2024 was heard by Hon. Justice Mr. Dr. Douglas Singiza on 27th June 2024 at 10:00 a.m and issued directives Court schedules and date for mention and Judgments for which both parties compiled in time.”
That although, Justice Singiza had promised to deliver judgement in the same matter, it was not possible due to a number of engagements he encountered throughout that estimated period, until when he was transferred to Judicial service commission before making his pronouncement on the matter.
“On 13th May 2025, which he had promised us to get our judgment,
a directive only to him that he was to return my file to a new judge
Hon. Justice Simon Peter Kinobe without going through the record of
proceedings of his predecessor Dr. Douglas Singiza and on other
hand added his own facts / grounds which were not mentioned at all by both parties.”
That being dissatisfied with the judgment of Hon. Justice Simon Peter Kinobe, he requested for the record of proceedings to go for appeal, but he was informed that they are not with High Court since it was using Court of Appeal speakers and
other software.
“I was told, it is not possible to get them, after a certain period of one and half month, later lone was discovered after a lot missing in the record of proceedings which will affect my appeal yet it was the negligence of the court, in order for my appeal to succeed the records of the proceedings for which the justices of court of appeal have to rely on time.”
Galiko insisted that Justice Philip Odoki’s decision still stands which ruled that the respondents did not conduct elections in accordance
with the Democratic party constitution which makes their National Executive Committee (NEC) illegal.
“The ruling in Misc cause No. 306 of 2020 which explicitly found that the NEC elections were conducted outside the framework of the Democratic Party Constitution. An appeal shall not operate as a stay of execution. A party must apply to Court for such a stay. Failure to grant certiorari was due to a technical omission of parties not because the Court endorsed the legality of the NEC.”
That, the meetings or activities
conducted by the respondents as the NEC are illegal and void , because Siranda who issued a notice calling for the NEC meeting is invalid has no legal authority to call such a meeting.
It’s from the above reasons, that Galiko asked the Registrar to assist him to obtain the record of proceedings to guide Court of Appeal on whether Justice Kinobe fully heard the matter which was brought before him and considered all the grounds in the case before coming up with his decision.
