Ochwa ran to the high court complaining of voter bribery and ballot stuffing. He asked the court to nullify the election and declare him the winner. The other petition was the one filed by NRM’s Annet Nyakecho against his FDC rival and Tororo North County MP, Geoffrey Ekanya.
Andrew Basihaija has dismissed with costs two election petitions
before him citing defective affidavits. One of the petitions is
that filed against Agule County Member of Parliament, Polycarp Ogwari
by his National Resistance Movement-NRM, David Ochwa.
Ogwari trounced Ochwa after garnering 7,190 votes against 6,908 votes polled by his rival. Ochwa
ran to the high court complaining of voter bribery and ballot
stuffing. He asked the court
to nullify the election and declare him the winner. The other petition was the one filed by NRM’s Annet Nyakecho against his FDC rival and Tororo North County MP, Geoffrey Ekanya.
garnered 9,563 votes against Ekanya’s 9,674 votes. She ran to the High court citing voter bribery and stuffing pre-ticked
ballots among other electoral
asked the high court to nullify
Ekanya’s victory and declare her the duly elected MP for Tororo County.
The two applications
ran into trouble after the respondent’s lawyers told the court that Commissioner Raymond Rwakikor who prepared affidavits didn’t
have a valid practising certificate at the time of commissioning
In separate rulings
delivered on Tuesday, Justice Bashaija dismissed the
applications, saying that the affidavits were commissioned by an advocate without a
valid practising certificate, which makes them null and void.
“Since the petition cannot be filed afresh it is accordingly dismissed with costs to the
first and second respondents. it is so ordered” Justice Bashaija ordered while reading the ruling in the Nyaketcho Vs. Ekanya
Ekanya’s Lawyer Isaac Obiro Okirapa and Ogwari’s
Lawyer, Daniel Okalebu said that the case was dismissed at the preliminary
point of law saving the court’s time.
in: “They used a commissioner…
Cue out:…of the petition is defective,”//
Ekanya, welcomed the court ruling, saying he wants
lawyers who hoodwink clients to commission their petitions without valid certificates penalized through suspension.
//Cue in: “Advocates and lawyers…
Cue out:…for the next five years,”//
Annet Nyakecho regretted the court’s decision, saying that she didn’t
know that the advocate who commissioned her petition didn’t have a valid practising certificate.
She said if it was not for that preliminary objection, she had enough
evidence to overturn Ekyanya’s victory.
Kirinya Ayubu is the URN Bureau Chief of Elgon/Bukedi Sub Regions . He holds a Bachelors Degree in Mass Communication from Islamic University in Uganda and a Diploma in Computer Science and Information Technology from the same University.