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Court Dismisses Election Petition against MP Nathan Byanyima

The petition was filed by Jeremiah Kamurari, a challenger for the same seat in the just concluded elections challenging Nathan Byanyima’s academic qualifications. Kamurari had argued that Byanyima did not have the requisite qualifications to contest for a parliamentary seat.
Hon Nathan Byanyima addressing Journalists shortly after the ruling

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The High Court in Mbarara has dismissed a petition challenging the election of Nathan Byanyima as Member of Parliament for Bukanga North Constituency in Isingiro District.

The petition was filed by Jeremiah Kamurari, a challenger for the same seat in the just concluded elections challenging Nathan Byanyima’s academic qualifications. Kamurari had argued that Byanyima did not have the requisite qualifications to contest for a parliamentary seat. 

He also challenged the difference in names used on Nathan Byanyima’s academic papers and those appearing on his National Identification. Kamurari argues that Byanyima had been nominated as Nathan Byanyima which name appeared on his National Identity Card and Voter details yet his Ordinary Level and Advanced Level Certificates were in the names of Byanyima Nathan Jimrex T and Byanyima J.N.T respectively. 

Kamurari  had asked the court to declare that Byanyima was not validly nominated and elected as a Member of Parliament. He argued that if the Electoral Commission had paid attention to detail, it wouldn’t have nominated Byanyima to contest in the race.

However, lawyers Jude Byamukama for Nathan Byanyima and Honest Baguma for the Electoral commission opposed the petition contending that the matter had earlier been heard and determined through a petition lodged by Kamurari before the Electoral Commission. 

In his Ruling Justice Kazibwe said the matter is deemed to be res judicata when the issues raised in the petition were between the same parties and were handled by a court of competent Jurisdiction and were fully disposed of.

The presiding judge Justice Moses Kawumi Kazibwe said the High Court and the EC had competently determined the complaint about Byanyima’s qualifications. Byanyima, welcomed the decision noting that the petitioner needed to do a lot of research on his education background before running to court. 

//Cue in; “my lawyer raised… 

Cue out…put to rest.”// 

But Jeremiah Kamurari said that the legal lacuna used to dismiss the case was only meant to confuse people and vowed to appeal the ruling.

//Cue in;  “the so-called… 

Cue out…appeal in Kampala.”//

Nathan Byanyima won the race with 34229 votes against Jeremiah Kamurari’s 12067 votes.   

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