Judge urges out-of-court settlement in Wakiso chairperson dispute

High Court Judge George Okello has urged Wakiso District LCV chairperson Ian Kyeyune and his election rival, Nasif Najja, to consider reconciliation and resolve their electoral dispute amicably, warning that prolonged litigation risks draining both the candidates and the public.

The judge made the remarks on Tuesday during a scheduling conference in an election petition filed by Mr Najja challenging Mr Kyeyune’s declaration as the validly elected Wakiso District chairperson.

Justice Okello emphasized that political competition should not turn opponents into enemies, calling on both parties to reflect on their primary responsibility to the electorate rather than focusing on personal ambitions.

“When you come to court, it is not for you to fight. The fight is now with the brains. It is not the physical one,” Justice Okello said.

Highlighting the growing financial and time costs of the lawsuit, which involves multiple legal teams, voluminous documents, and numerous witnesses, the judge warned that the process would only grow more expensive as it advanced through the court system.

He encouraged the rival politicians to sit down and negotiate a constructive path forward for the benefit of the district.

“You are young, and there is still a lot ahead of you. The senior person can also decide to give way to the younger generation. These are the kinds of discussions you should have, especially considering the amount of money both sides have invested in this case,” Justice Okello said.

Reiterating the need for mutual respect across the political aisle, the judge reminded the court that political rivalries must remain civil.

“We should not treat him as an enemy. He is a contender,” Justice Okello noted, adding that public office must be viewed through the lens of service rather than personal ambition.

“When you offer yourself for leadership, you are offering a service. Leadership is not about personal self-actualisation,” he stated.

While advocating for dialogue, Justice Okello clarified that should reconciliation fail, the court remains fully prepared to determine the petition strictly on its legal merits and the evidence presented. He noted that the court holds the power either to annul the election results or to uphold Mr Kyeyune's victory.

The judge also challenged the legal teams to offer candid advice to their clients regarding the true strength of their arguments, rather than prolonging litigation unnecessarily.

Responding to the court’s advice, Mr Samuel Muyizzi, one of the lawyers representing Mr Najja, welcomed the judge's guidance and acknowledged the heavy workload election petitions place on the judiciary. He noted that advocates have a duty to advise clients when an election challenge lacks sufficient legal grounding.

"I have taken the judge’s advice seriously and I will encourage my client to consider reconciliation if I establish that the petition lacks a viable basis," Mr Muyizzi said.

Lawyers representing the respondents also welcomed the call for dialogue. Mr John Musiime, representing the Electoral Commission, stated that the suggestion to explore an amicable settlement was a welcome move.

Meanwhile, Justice Okello deferred his ruling on a preliminary objection raised by the Electoral Commission, which seeks to expunge more than 35 affidavits filed by Mr Najja from the court record.

The Electoral Commission contends that the affidavits were introduced irregularly without obtaining the mandatory leave of court. While the objection had previously halted proceedings during the opening phase of the scheduling conference, Justice Okello ruled on Tuesday that deciding on the matter immediately would be premature.

“It would be premature for the court to rule on this matter. We will first handle and finish the scheduling conference. The ruling on the preliminary objection will then follow on the first day of the hearing,” Justice Okello ruled.

Following the ruling, the court resumed the task of reviewing affidavits submitted by the petitioner’s legal team and taking stock of evidence filed by the respondents, who include Mr Kyeyune, the Electoral Commission, and returning officer Tolbert Musinguzi.

Justice Okello subsequently adjourned the matter to October 22 at 9:00 am for a ruling on the preliminary objection and the continuation of the trial, directing the petitioner to ensure all key witnesses are ready for cross-examination.