Prime
High Court kicks out case allowing prisoners to vote
Excluded. Prisoners offload election material from a truck at the Electoral Commission registrar’s office in Rukungiri District on May 29, 2018. PHOTO BY PEREZ RUMANZI
What you need to know:
- Reason. The lawyers representing the Electoral Commission insist that there is absence of satisfactory proof of how many prisoners and citizens in the diaspora will suffer damage.
- Mr Kalali argues that since the coming into force of the 1995 Constitution, the EC has held five general elections without the inclusion of prisoners and Ugandans living in the diaspora.
Court yesterday dismissed an interim application that was seeking to allow prisoners on remand and Ugandans in the diaspora to vote.
The deputy Registrar of the Civil Division of High Court, Ms Sarah Langa, said the applicant, Mr Steven Kalali, was using the application as a shortcut to seek justice for his delayed main case, which she said was illegal.
Mr Kalali had asked court to compel the Electoral Commission (EC) and Attorney General (AG) to register adult prisoners and those living in the diaspora, extend the deadline of the updating register until determination of his main case seeking similar orders.
“There is no way I can extend the ongoing registration process to allow prisoners and Ugandans in the diaspora participate in the updating of their voting register details yet the current status quo is that they have never participated in the same,” Ms Langa held.
Main case
Ms Langa also said Mr Kalali wanted to use the interim application to preempt the main suit seeking similar orders, which is before Justice Lydia Mugambe.
The lawyers representing the EC, led by Mr Hamid Lugolobi, insisted that there was absence of satisfactory proof by the applicant of how many prisoners and citizens in the diaspora will suffer damage.
In his main case, Mr Kalali sued the electoral body and challenged the exclusion of remand prisoners and Ugandans living in the diaspora who are 18 years and above from voting.
Mr Kalali argues that since the coming into force of the 1995 Constitution, the EC has held five general elections without the inclusion of prisoners and Ugandans living in the diaspora.
He said the Constitution demands that all citizens enjoy equal rights.
Demands
The applicant, Mr Steven Kalali, wants court to declare that each of the prison facilities becomes a registration centre and also deploy its polling agents to allow voting.
The petitioner also wants the EC and AG to provide for voter registration and satisfactory voting mechanisms for Ugandans living in diaspora for not only presidential but also other offices.
