Contempt of Court application dismissed: Akena’s FULL statement
Kampala – 15, September 2021: Uganda Peoples Congress (UPC) party president also the Lira City East Division MP, Jimmy Akena addressed the media in Kampala for the second time in less than a month following the Court of Appeal verdict Tuesday.
Akena whose second term as UPC President has been a matter of debates and legal contests, delivered a statement, with an important message to UPC party leaders across the country.
“I would like to draw the attention of you, Members of the press, Party members and the general public to my press statement of 8th September 2020 following the Court of Appeal ruling of 7th September 2020 on the Party Presidential elections petition of 2015 that was delivered after the expiration of the term of office of the year 2015 – June 2020 and (after) new elections of the Party President in the Delegates Conference held at Kasangati Resort Centre Hotel on 1st August 2020 that saw me elected and sworn in as Party President together with the Party Cabinet for the term of office of the year 2020 – 2025. That ruling was therefore overtaken by events as I informed you earlier on!
The point I want to categorically make clear is that after the Kasangati Delegates Conference of 1st August 2020, the Party, on 3rd August 2020 received a Court Order staying the Delegates Conference that had already happened on 1st August!
It is against that back drop that one Prof. Edward Kakonge filed a contempt of court application in Court against me on 11th August 2020 with prayers that; convening, presiding over and participating in a delegate’s conference of Uganda Peoples Congress on 1st August, 2020 and the applicant claimed this was in contempt of court.
Declared that any resolution and decision taken at the Delegates Conference including the election of the Party President should be null and void.
Declared that all actions done by the Party President after the Delegates’ Conference in the capacity of the Party President of UPC including appointment of Party Cabinet members should be null and void.
Sought for the Party President to be committed to civil prison for a period of one year for allegedly acting in contempt of the Court order.
Prof. Kakonge further wanted us to pay damages and/or compensation to him a sum of UGX 300,000,000 (Three hundred million shillings) for contempt of Court Order.
Since then, that application has been pending and awaiting final decision by Court.
On Tuesday 14th September 2021, the Court of Appeal delivered its ruling and dismissed the application for want of prosecution citing continued waste of Court’s time as quoted, “…. we see no reason to continue wasting Court’s time and hereby exercise the discretion of this court under Rule 2(2) of the Rules of Court to dismiss this Application for want of prosecution. In dismissing this application, we have acted pursuant to the inherent powers granted to this Court under the said provision, to prevent abuse of Court process. The application therefore stands dismissed with no order as to costs”.
With this dismissal, all decisions taken at the Kasangati 1st August 2020 Party Delegates Conference stand.
On behalf of Uganda Peoples Congress and my own behalf, I welcome this ruling and congratulate UPC members upon this achievement as we continue to focus on rebuilding our Party from the grassroots!
The Party belongs to members. Their will, decisions and mandate through relevant Party Organs is paramount and should be respected!
I therefore want to reassure you, party members that I will protect that mandate you gave me within my capacity as Party President and we move the Party forward.
Now we need to come together in the spirit of reconciliation, unity and work for the Party at this material time where concerted efforts are most needed.
I want to call upon the Regional Vice-Chairpersons, District/Branch Party leaders and all members to now concentrate and focus on working for the common good of the Party, which is but not limited to mobilization and recruitment of young peoples/new members in the Party within our respective branches as well as being active in one’s branch.
The physical party activities have been cut short by the lockdown and Covid-19 measures that are purposely to prevent the spread of coronavirus.
The Party will continue to operate under the provided guidelines until the restrictions are fully lifted in the country.