High Court in Kabale has given a green light to former Bukimbiri County MP seat contestant, James Owebeyi to serve court summons to MP Eddie Kwizera through the media after failing to trace him for one month.
The summons arises from an election petition filed by the opposition Forum for Democratic Change (FDC) party flag bearer Owebeyi against Kwizera, the National Resistance Movement (NRM) flag bearer who was declared the winner with 11,821 votes against Owebeyi’s 107 votes.
Owebeyi rejected 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.
The petitioner contends 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’s lawyer Stephen Byarugaba was granted permission by Kabale High Court registrar Julius Chaka Borore, to serve Kwizera so that he files a response, last month.
Last week, Byarugaba wrote to High Court asking for guidance after they failed to trace Kwizera, prompting Borore to issue an order signed by Kabale High Court Judge, Justice Moses Kawumi Kazibwe, allowing Owebeyi to serve Kwizera through newspapers.
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 wants the court to nullify Kwizera’a win and order for fresh elections.