Nabulo has raised ten grounds challenging Justice Matovu's decision. She contends that the trial judge erred in law and fact when he heavily relied on the testimony of William Wamala in isolation of the remaining evidence.
Nambozo addresses the Media shortly after court
Asha Nabulo Mafabi, the former Sironko District Woman parliamentary candidate
has raised ten grounds in her appeal challenging the dismissal of her petition against
the victory of her rival, Florence Nambozo Wamala.
Following her defeat in
the Sironko District Woman MP elections on
January 14th, 2021, Nabulo dragged Nambozo to the high court on grounds of voter bribery and lack of the requisite academic
qualifications for the election of a member of parliament.
In her petition, Nabulo claimed that Nambozo
who ran as an independent is actually Gorret Nafuna. She claimed that the legislators
adopted the academic documents of her sister, Florence Nambozo Wamala for the purposes of the election. She produced some
teachers and former students of
Nabumali High School who told the court that the
person elected as Sironko woman MP
is not the Nambozo they taught or studied with respectively.
She also presented Vincent
Wozisi Gizamba, who told the court
that she knows the real Nambozo very well because she was his
girlfriend and an elder sister of the person elected as MP, with whom they
studied together in the early 1990s. Gizamba told the court that two are daughters of Peter Wamala Kisiro.
However, in her defence, Nambozo presented her relatives who told the court that Kisiro
had one daughter who is Nambozo Florence Wamala. She also insisted that she was the very person who
studied at Nabumali High School where she was physically dropped by her brother, William
Wamala. On September 28th, 2021, Mbale
High Court Judge, David Matovu
dismissed the petition basing on the evidence from Nambozo’s relatives.
He also ruled that Nambozo studied at
Nabumali High School since she was ably
identified by her former teacher of Home Economics. Justice Matovu directed Nabulo and the Electoral Commission to meet the costs of the suits. Now, Nabulo has
raised ten grounds challenging Justice Matovu's decision.
She contends that the trial judge erred in law
and fact when he heavily relied
on the testimony of William Wamala in isolation of the remaining evidence. Nabulo also says
that the Judge arrived at a faulty conclusion that Nambozo was
qualified to be a Member of Parliament and owns the contentious academic qualifications of Uganda
Certificate of Education and Uganda Advanced Certificate of Education.
She also contends that Justice
Matovu erred in law by holding that the family members denied knowledge of
anyone called Gorret Nafuna yet Nambozo reportedly confirmed this during cross-examination. "The
learned trial Judge erred in law in holding that the best evidence about the
family of the late Peter Kisiro was that given by his sons William Wamala and
Wogoire William thus veering into paternity issues, which matters were out of scope of the
trial", reads the appeal.
Adding that, “The
learned trial Judge erred in law and in fact in holding that the contradictions
in the 1st respondents (Nambozo's) evidence was due to passage of time out of
school and the politics around such petitions thus propounding a new phenomenon
on the law of evidence relating to contradictions.”
Nabulo also faults the trial Judge for having found that the evidence
of Issa Yunus Musiwa was believable on the issue of sponsoring and giving
donations during elections in the finals of the Nambozo Cup held on January 1st
Musiwa told the court that Nambozo Cup couldn’t be considered as voter bribery by
the legislator since it started way back in 2015. As a result, Justice Matovu dismissed
the allegations of bribery of voters at Last Chance Restaurant and Bamutale
Catholic Church Polling Station citing
lack of evidence.
Nabulo wants the appellant court to declare that Nambozo
committed several election offences and hold the Electoral Commission responsible for failure in its
statutory duty of organizing a free and fair election in Sironko. She wants the court
to allow her appeal with costs paid by Nambozo and declare the legitimate winner of
Sironko Woman MP elections.
Nambozo garnered 31,119
votes against Nabulo’s 29,744 votes. There were six candidates in the Sironko Woman
polls. Nabulo’s appeal
was filed by her lawyers of Turinawe, Kamba and company Advocates together with