The High Court in Kampala has upheld the election of Joel
Ssenyonyi as the validly elected Member of Parliament for Nakawa West
In his ruling delivered
on Thursday afternoon, Justice Isaac Muwata noted that Shukla Mukesh aka Shumuk failed to prove to the
satisfaction of the court that there were irregularities in the election of
Ssenyonyi that could have tilted the election in his favour.
In his petition filed
in March this year, Mukesh
made a number of allegations querying Ssenyonyi’s victory.
claimed that Ssenyonyi with support from the Electoral Commission
committed a number of electoral offences and irregularities, which included ballot stuffing and failure to sign the declaration of result forms
accused Ssenyonyi of stuffing ballots at eight out of 153 polling stations and changing
results at one of the polling stations where he got 81 instead of 58 votes.
However, in his ruling, Muwata said even if Mukesh had proved
any of the grounds, which
he didn’t, such irregularities wouldn’t have affected the election in a substantial
Muwata concluded that even if Mukesh had won at all the eight contested polling stations, he would still not
change his fortunes from being the 6th to become the winner. Mukesh scored 806 votes against Ssenyonyi’s 30847.
alleged noncompliance had not been proved but even if it had, it would not have
affected the outcome in a substantive manner…The difference in votes obtained
by the winner is 30847 votes… Even if all the votes were in the favour of the
petitioner, the winning margin wouldn’t have been affected in a substantial
manner. Therefore, I’m unable to set aside the election for the reason that the
petitioner has failed to adduce evidence to set aside the election. The
petition is dismissed with costs. I uphold the victory of the second respondent
as the validly elected member of parliament for Nakawa West constituency,” Muwata ruled.
Speaking shortly after
the ruling, Ssenyonyi said he was not surprised by the decision of the court
because from the start it was obvious that Mukesh had a very poor case.
//Cue In: "He went to
Cue out…high court level,"//
For his part, Mukesh said he would appeal the court
decision. He noted that all he’s doing is aimed at furthering the
frontiers of democracy by making sure that the results of the election reflect
the people’s choice.