Court of Appeal Dismisses DP's Appeal Against Removal of Member from Candidate List

The Democratic Party (DP) has lost its appeal at the Court of Appeal concerning the removal of Benedicto Kiwanuka Galiko from its internal election candidate list. A three-judge panel, comprising Justices Geoffrey Kiryabwire, Christopher Gashirabake, and Asa Mugenyi, unanimously dismissed the DP’s appeal, upholding a previous High Court decision in favor of Kiwanuka.

The dispute originated in 2020 when Kiwanuka challenged the DP’s internal election processes, specifically his removal from the list of candidates. He argued that this action, along with the subsequent announcement of office bearers, was procedurally flawed and violated the party’s constitution.

The High Court had previously ruled Kiwanuka’s removal illegal. In its appeal, the DP contended that the High Court had not adequately assessed the evidence and relevant laws. The party cited reasons such as Kiwanuka allegedly paying insufficient nomination fees and not meeting the required years of active party participation for the secretary general position. They also pointed to discrepancies in his names as they appeared on his party card versus his academic certificates.

However, the Court of Appeal found the DP’s grounds of appeal to be too general and argumentative, failing to specify the exact errors made by the High Court. Justice Gashirabake, delivering the lead judgment, stated that the grounds did not meet the court’s procedural requirements, which mandate concise statements of challenged points without narrative or argument.

Consequently, the appellate court struck out the relevant grounds of appeal. The court reasoned that dismissing the appeal on these procedural grounds would not cause injustice, as the High Court had already thoroughly addressed the core issues. The court also noted that the remedies sought were primarily declaratory and that the contested national delegates’ conference had already concluded.

The DP’s challenge to the High Court’s decision to award Kiwanuka half of the taxed bill of costs was also dismissed. The Court of Appeal affirmed the High Court’s discretion in awarding costs, finding the DP’s submissions insufficient to prove the decision was unfair. The appeal was dismissed, with each party ordered to bear its own costs for the appeal proceedings.

Source: Nile Post