The election of Nabilah Ssempala Nagayi as the Kampala Woman Member of Parliament hangs in balance and could be annulled after the electoral commission concurred with a voter challenging it.
Alex Odonga formerly petitioned the Constitutional court to annul the election of Nabilah on grounds that it is unconstitutional.
Odonga argues that Article 78 (2) of the Constitution provides for the election of one woman representative for every district, while the first schedule of the Constitutional Amendment Act 2005 excludes Kampala from the districts of Uganda.
Odonga also says that the Electoral Commission erred when it organized, conducted and declared Nabilah Kampala Woman MP elect.
He now wants the five member panel of the constitutional court led by Deputy Chief Justice, Steven Kavuma to annul Nabilah’s election and declare it unconstitutional.
But, Nabilah through her lawyer, Naboth Muhirwe, argues that Article 290 and 294 of the constitution protects all constituencies that were in place before the enactment of the Constitutional Amendment Act 2005 that led to the removal of Kampala from districts.
Now, Electoral Commissioner lawyer, Eric Ssabiti has sided with the petitioner, saying a city is not provided for in the constitution as an area for woman representation.
Ssabiiti argued; "I will agree with the petitioner that Kampala is not a district and constitution provides for only districts to be represented. It is a fact that districts are numbered from 1 to 75 and the footnote states that more districts have been created. But Kampala has been given a special status of Capital city.”
He adds; "To lower a city status just because you want representation is simply unacceptable." Ssabiti also told court that even the political party's Act of 2005 provides for only 14 districts in central region excluding Kampala.
Court is yet to pronounce its judgment on the matter.
