MP Gideon Thembo Jailed Over UGX183m Election Petition Debt

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Summary:

• Ugandan MP Gideon Thembo Mujungu has been jailed for failing to pay Shs183 million in costs stemming from a 2021 election petition, where he lost to predecessor Jackson Mbaju Kathika.

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Gideon Thembo Mujungu, the Member of Parliament for Busongora South in Kasese District, western Uganda, has been jailed for failing to pay a sum of Shs183,618,000, which arose from the expenses related to a court election petition in 2021.

Francis Dawa Matenga, the Deputy Registrar of Fort Portal High Court, ordered the detention of the legislator following the execution of a warrant of arrest issued by the same court in June. The warrant, addressed to Mr. Joneni Bamwenda, a court bailiff in Kasese town, directed the arrest of Thembo Gideon Mujungu unless he paid the specified amount along with the costs of executing the warrant.

The outstanding sum is linked to the 2021 election petition that Mujungu lost to his predecessor, Jackson Mbaju Kathika. The arrest took place at Mujungu’s residence in Saluti B of Kanyangeya Ward in Nyamwamba Division, Kasese Municipality, on a Tuesday morning.

Johnson Kamalha Kalyasa, the NRM Publicity Secretary for Kasese District, stated that the party would provide the necessary support to secure Mujungu’s release from prison. Despite having some time to gather the required funds, failure to do so by the end of the day would result in his overnight stay in prison.

Initially, Mujungu had defeated Kathika by a narrow margin of 79 votes in the February 2021 parliamentary election. However, the Fort Portal High Court judge, Victoria Katamba, ruled in favor of Kathika in the election petition, stating that Mujungu had not been proven guilty of electoral offenses committed during the polling day in 2021.

The Court of Appeal, led by Justice Fredrick Egonde-Ntende, sided with Kathika, nullifying Mujungu’s election and imposing a cost of Shs183 million. In the subsequent by-election in August, Mujungu regained his parliamentary seat, securing 12,088 votes compared to Kathika’s 6,866 votes.

Although Kathika chose not to challenge the outcome in court, he obtained the awarded costs. In response, Mujungu sought a review of the costs from Fort Portal High Court, arguing that the appellate court had erred in imposing the Shs183 million costs. However, Judge Vincent Emmy Mugabo dismissed Mujungu’s applications, emphasizing that the decree had been executed by the Court of Appeal, and the High Court lacked jurisdiction to countermand orders from a superior court.

Reporting by Benard Baluku Editing by Busiinge Aggrey