With three weeks left before the polls, a candidate is in danger of losing his eligibility to continue this year’s elections.
Bari Palma, a candidate for the Kerowagi Open Seat, was declared insolvent (bankrupt) by the National Court on June 1, 2017.
This decision was based on Palma failing to pay the taxed costs of an unsuccessful election petition he had filed previously against the sitting MP, Camillus Dangima Bongoro.
According to court documents, Palma owes Bongoro and the Electoral Commission (defendants) K275,119. 06.
Palma, who had also contested in the 2012 national general elections, had filed an election petition alleging impropriety and disputed the election, return and the results, soon after Bongoro was declared winner in 2012.
The amount owed is the cost incurred by the defendants to defend their election petition.
Palma never reviewed the taxed costs with the National Court within seven days from the date of taxation. He also failed to pay the amount owed within 30 days from the date of service of the Debtors’ Summons on him.
Sitting member Bongoro, through his lawyers Kombri & Associates Lawyers, filed a creditors petition (as prescribed by the Insolvency Act, Chapter 253) on July 6, 2016, against Palma to declare him insolvent for failing to pay the debt.
Trial of the creditors petition was held on May 31, 2017, before Justice Derek Hartshorn. The Court delivered its decision on June 1, 2017, declaring Palma bankrupt (insolvent) for him being financially incapable to meet his liabilities.
Constitution section 103, which provides for qualification and disqualification of contesting and being a Member of Parliament, states under subsection 3d that a person is not qualified to be, or remain, a Member of the Parliament if he is adjusted insolvent under any law.
This case is the first of such for this country; no one has been declared insolvent when he/she had nominated already and is an official candidate contesting in an election for a particular electorate.
This also provides a tricky situation as there is no provision under the constitution for an appeal for a case such as this.
Palma’s eligibility in this election now depends on the court’s decision, if he appeals.