Dr Mpeirirwe was seeking a declaration that the election was conducted in non compliance with the electoral laws and principles and a declaration that the first respondent was not validly elected and an order that the second Respondent conducts fresh elections for Bukanga County.
In his defence, Mulindwa through his lawyer Hannington Mutebi demonstrated before the court that he was a resident of Kasawo Town Council. He presented copies of his National ID card, declaration of income and assets listing land and buildings in Kasawo including his matrimonial home.
“In my view, she has failed in her duty to prove these claims to the satisfaction of this court and on a balance of probabilities. I find that Nantaba did not commit any electoral offences during the electoral process and that the elections of the District Woman representative of Parliament in Kayunga District were conducted in compliance with the electoral laws and principles. This Petition is accordingly dismissed with costs to Nantaba and EC,” Lady Justice Mukwaya ruled.
“This left the Petitioner with no petition, no affidavits and no complaints for this court to determine. This finding renders all other preliminary objections and issues moot. In conclusion, I uphold the preliminary objection. The petition as presented before this court is incompetent and incurably defective and it is hereby struck out with costs to the respondents.” -Lady Justice Mukwaya
In her ruling, lady Justice Ketra Katunguuka cited inconsistencies in Nandagire’s academic papers and eventual nomination. She overturned her victory on grounds that she did not qualify for election as a member of parliament.
The petition was filed by Jacqueline Kobusingye Birungi. Birungi who contested as an independent candidate accuses Nantaba of forging the A-Level results she presented from Mukono Town Academy dated 1998.
The petition was filed by Anne Ameco and another on grounds that the election was not conducted in accordance with the principles laid down in the provisions of the 1995 Constitution of the Republic of Uganda, the Parliamentary Act, as amended and the Electoral Commission Act.
The affidavits were rejected by Achayo’s lawyers on grounds that the witnesses presented varying signatures and that they lacked certificate of translation. The lawyers also argued that while the witnesses claimed to be illiterate, some were able to read and write and also comprehend English, which is the official language of court.
Justice Margaret Apiny dismissed the application of his judgement read by the Judiciary Spokesperson, Jamson Karemanion grounds that Nyanzi failed to serve Nsereko, who was the third respondent to the application.
On Friday, Nantaba’s lawyer Ambrose Tebyasa raised a preliminary objection on the petition on grounds that it was incompetent. According to Tebyasa, the petition is not supported by the required 500 signatures of registered voters.
Justice Kawumi noted that if the failure to acquire ten names and signatures of persons supporting a candidate’s nomination would not affect the nomination, the legislature should have stated so in the parliamentary elections Act.
Tayebwa through his lawyer Geoffrey Kandeebe, on Monday, told the court presided over by Justice Moses Kazibwe Kawumi that Tumuramye was illegally nominated by the Electoral Commission. According to Kandeebe, the document he attached on the petition as the nomination paper had only signatures from nine registered voters instead of ten.
On Wednesday, Nambozo through her lawyers of Wamukoota and Company Advocates asked the court to dismiss the petition on grounds that the late Enoc Samson Kyabakaya, who prepared Lumolo’s affidavit didn’t have a valid practising certificate by the time she administered the oaths.
Mugasa who contested with Kaboyo in the Hoima Mayoral Race filed the petition before Masindi High Court alleging that Kaboyo committed numerous electoral offences before and during the polls which were held early this year, by engaging in voter bribery and malpractice.
At primary, Elaju says that he had a passion for science subjects and dreamt of becoming a medical doctor but he was advised to change because of his eyesight. He says that science and English are the only subjects, which he passed with distinctions during his Primary Leaving Examinations-PLE.
Balikuddembe has withdrawn the petition citing a lack of enough evidence to sustain the petition. According to Balikuddembe, his petition was frustrated by a court ruling that denied him permission to submit additional evidence to support his complaints.