High Court Judge Samuel Emokor struck out a disputed video in Allan Mayanja’s challenge to Joseph Kabuye Kyofatogabye’s victory in Nakaseke Central, as the petition proceeds with 17 witnesses lined up for cross-examination.
The High Court in Luweero has struck out a video submitted by Allan Mayanja in his election petition challenging Joseph Kabuye Kyofatogabye’s victory in the Nakaseke Central parliamentary election.
Justice Samuel Emokor made the decision during the hearing of the petition, in which Mayanja challenges Kyofatogabye’s declaration as winner, citing alleged irregularities in the tallying and declaration of results from more than 30 polling stations.
Electoral Commission lawyer Nasser Sserunjoji and Kyofatogabye’s lawyer, Geoffrey Kandeebe, objected to the video, arguing that it lacked sufficient information to establish its authenticity.
They questioned who had recorded the footage, the device used and the time it was recorded, arguing that the missing details undermined its admissibility as evidence.
Sserunjoji asked the court to reject the video, maintaining that the absence of this information made it inadmissible.
Justice Emokor ruled that the video constituted foreign evidence and should be struck off the court record.
Mayanja, through his lawyers led by Lawrence Kabuye, had introduced the additional material in his rejoinder in relation to an alleged confrontation between him and Kyofatogabye at the tally centre.
However, lawyers representing the respondents objected, arguing that the evidence had been improperly introduced at that stage of the proceedings.
The dispute also centred on paragraph 30 of Mayanja’s petition, which refers to alleged chaos at the tally centre. The judge observed that the paragraph did not indicate that the disputed evidence would be presented in court.
The respondents have lined up 17 witnesses for cross-examination as the hearing continues.
Mayanja accuses the Electoral Commission of failing to conduct a free and fair election, arguing that irregularities in the tallying and declaration of results affected the outcome of the Nakaseke Central parliamentary race.
The petition seeks to challenge Kyofatogabye’s declared victory, with the court continuing to hear the parties’ arguments over the alleged electoral irregularities.