KAMPALA, Uganda | Award-winning author and lawyer Kakwenza Rukirabashaija has threatened to petition the Constitutional Court to bar Rt Hon Gen. Moses Ali, the member of parliament for Adjumani West County, from running in the next election on the grounds of alleged physical and mental incapacity.

In accordance with Articles 50(1) and 137(3) of the Constitution, Kakwenza filed the petition, which is directed at the Attorney General, Gen. Moses Ali, and the Electoral Commission.

According to Kakwenza, Gen. Ali, who is now well into his 80s, is medically and cognitively incapable and, as a result, is not eligible to run for office under Article 80(2)(f) of the Constitution, which prohibits someone who is of an “unsound mind” from serving in Parliament.

He also refers to Sections 4 and 12 of the 2005 Parliamentary Elections Act, which require the Electoral Commission to disqualify nominations that don’t fit the requirements of the constitution.

But according to Kakwenza, Ali’s obvious decline, which is demonstrated by his public appearances and recorded incidents, “effectively precludes him from fulfilling the constitutional functions of a Member of Parliament.”

The petitioner asserts that Ali is no longer able to carry out these duties, which include voting, debating, representing constituents, and serving on parliamentary committees.

“The Parliament is not ceremonial,” the petition reads, “and elected officials must be capable of performing essential duties. The 2nd Respondent is demonstrably incapable of such.” Kakwenza said in his petition

He also added that Section 4(1) of the Leadership Code Act (2002, revised 2020) requires leaders to uphold the dignity of public office, and Regulation 9 of the Public Service (General) Regulations, 2009, which permits retirement or disqualification on medical grounds.

Gen. Ali and his legal team have not released an official statement, and the Electoral Commission has not yet responded to the petition.