The High Court has dismissed an application by Kiyaga Hillary Innocent, popularly known as Dr Hilda Man, seeking access to electoral documents as part of his challenge against the election of former minister Ameria Kyambadde as Member of Parliament for Mawokota North.Kiyaga had gone to court seeking an order directing the Electoral Commission to provide certified copies of several electoral records that he considered important to his challenge.
Among the documents sought were the official report book, lists of presiding officers and accountability forms for ballot papers used at different polling stations.He also wanted the Electoral Commission to produce original declaration of results forms attached to the official report book, together with other declaration forms sealed inside ballot boxes used at polling stations across different parishes and wards in Kamengo.
However, the Electoral Commission opposed the application, arguing that Kiyaga had made a general request without identifying the specific polling stations from which the documents were required. The Commission told court that Mawokota North covers a wide area and that the request amounted to a broad search through electoral records.Justice Jamson Karemani agreed with the Electoral Commission, ruling that an application seeking discovery of documents must clearly identify the specific records being requested and demonstrate their relevance to the case. He said applicants cannot make general demands for an opponent’s records without sufficient details.The judge further observed that Kiyaga’s application referred broadly to parishes and wards instead of identifying the particular polling stations connected to the requested information. He also noted that the information contained in Kiyaga’s earlier requests to the Electoral Commission was different from what he later sought through the court application.
According to Justice Karemani, documents requested through discovery proceedings must be described with enough precision to allow them to be easily identified. He said an applicant must also show that the same information had previously been requested from the respondent and that the request was either rejected or ignored.In his final decision, Justice Karemani found Kiyaga’s requests for electoral information unreasonable and ambiguous and concluded that he had failed to establish a proper basis for an order of discovery against the Electoral Commission. The application was therefore dismissed with costs, dealing a setback to his attempt to obtain the electoral records as part of his challenge to Kyambadde’s election.
