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Bukomansimbi North MP Lists Six Grounds of Appeal Against Court Ruling

Last month, Masaka High Court Judge Ketra Kitarisibwa Katunguka ordered a by-election in saying that there were inconsistencies in Nandagire’s academic documents.
Bukomansimbi North MP Christine Ndiwalana, whose election was nulliffied by Masaka High Court


The Bukomansimbi North Member of Parliament Christine Ndiwalana Nandagire has listed six grounds in her appeal against a High Court decision nullifying her victory.

The Electoral Commission declared Nandagire a candidate of the National Unity Platform the winner with 9,617 votes.  Her rival Ruth Katushabe who contested on the National Resistance Movement-NRM ticket got 6,599 votes.

However, Katushabe decided to petition the Masaka High Court seeking to overturn the victory of Nandagire on grounds that she was nominated based on a non-existent Uganda Advanced Certificate of Education-UACE certificate, which she purportedly obtained in 1997 yet she reportedly never enrolled for A'level.

Court heard that while Nandagire attended a Nursing and Midwifery course, she hoodwinked the Electoral Commission with an uncertified Advanced level certificate she claimed to have obtained from Uganda National Examinations Board-UNEB.

Katushabe also argued that although Nandagire attended ordinary secondary education level, her admission to senior one was invalid because she had failed Primary Leaving Examinations-PLE, and did not qualify for admission to secondary.

She added that besides having questionable academic papers, Nandagire has variations in the names on her academic papers, which cast doubt on her true identity and the authenticity of the qualification papers she tendered.

Last month, Masaka High Court Judge Ketra Kitarisibwa Katunguka ordered a by-election in saying that there were inconsistencies in Nandagire’s academic documents.

Justice Katunguka ruled that Nandagire lied on oath about the details of her academic papers and that even when she was given the opportunity, she failed to present certified original copies of her alleged Uganda Advanced Certificate of Education or Certificate of Nursing and Midwifery.

However, not happy with the decision, Nandagire through her lawyers of Lukwago and Company Advocates has filed an appeal before the Court of Appeal in Kampala raising six grounds.

She contends that the Judge erred in law and fact when she found that she had lied on oath by stating that she had Uganda Advanced Certificate of Education, UACE qualification.

"The learned trial Judge erred in law and fact when she held that the appellant/Nandagire lacked the relevant qualifications upon which the National Council for Higher Education could have validly equated", reads the appeal.

It adds that" the learned trial Judge erred in law and fact when she failed to consider Nandagire’s certificate from Uganda Martyrs University on the basis that it was not presented to the Returning Officer thereby occasioning a miscarriage of justice.  

According to Nandagire, the Lady Justice also reportedly failed to evaluate the evidence on record hence a wrong conclusion that she didn't have UACE documents or their equivalent to stand as a Member of Parliament.

She now wants the Court of Appeal to overturn Justice Ketra Katunguka's decision and go ahead to uphold her victory as declared by the Electoral Commission.

But in a related development, Katushabe has also filed a notice of cross-appeal indicating that she was not happy with part of the ruling and she also wants to challenge it.

According to the court records, Katushabe wants the court to reverse the judgement of Katunguka for having failed to declare her the winner.

Katushabe faults the Judge for having failed to rely on the case of Wakayima Nsereko Musoke against Robert Kasule Ssebunya where the Court made a declaration that Ssebunya, a runner up in the 2016 Nansana Municipality elections was the validly elected MP and accordingly sent him to Parliament without going to a by-election first.