Justice Moses Kawumi Kazibwe, Kabale High Court Judge has ordered for substituted service against Eddie Kwizera Wagahungu, Bukimbiri County MP through print media.
A court service against Wagahumgu results from an election petition number 002 of 2021 filed against him by James Owebeyi, the opposition Forum for Democratic Change (FDC) party flag bearer who lost the Bukimbiri County MP seat.
Kwizera, the National Resistance Movement (NRM) flag bearer was declared the winner with 11,821 votes while Owebeyi got 107 votes. However, Owebeyi refuted the results arguing that the election was marred with irregularities. According to Owebeyi, although the candidates’ photos and party symbols that appeared on ballot papers were genuine, the names were not those of the candidates.
He adds that the ballots displayed the names of Ruhinda South County in Mitooma district candidates; Arthur Kazoora Atuzarirwe as the NRM flag bearer, Didas Byaruhanga Kagyinda as FDC flag bearer, Victor Atwiine and Donzio Kahonda Mugabe as independent candidates.
Owebeyi argues that he tried to demand postponement of the election until the error is rectified but Daniel Nayebare, Kisoro District Returning Officer refused. Owebeyi petitioned the court demanding for nullification of Kwizera’a win as well as compensation from the electoral commission.
On March 25th, Owebeyi’s lawyer Stephen Byarugaba of Jbyamukama & Company Advocates secured permission from Kabale high court registrar Julius Chaka Borore, Kabale High court assistant registrar to serve kwizera so that he files a response.
But last week, Owebeyi and Byarugaba wrote to High Court asking for guidance after they failed to get Kwizera to serve him. On Thursday evening, Borore issued an order dated 7th this month signed by Kazibwe declaring the 25th of last month service as invalid since Kwizera was not found.
Kazibwe ordered that Kwizera should this time round be served through New Vision and Daily Monitor in the next seven days. Kazibwe also ordered that a notice of presentation of the petition be fixed on Kwizera’s home in Bukimbiri after being endorsed by local leaders in the area.
Owebeyi told our reporter that Kwizera declined to give him and his lawyer attention whenever they would approach him. Our reporter was unable to get a comment from Kwizera since he could not pick his calls.