Justice Kawumi noted that if the failure to acquire ten names and signatures of persons supporting a candidate’s nomination would not affect the nomination, the legislature should have stated so in the parliamentary elections Act.
The in High Court
in Mbarara on Tuesday dismissed with costs, an election petition
challenging the election of Herbert Tayebwa Musasizi as Member of Parliament
for Kashongi County in Kiruhura District.
dismissed election petition number 003/2021 was filed in court by the former
Member of Parliament for the same area Hon. Genensio Tumuramye who was seeking
nullification of Tayebwa's victory.
also listed the electoral commission as the second respondent.
who contested as an independent candidate lost the race with 7,500 votes,
against Tayembwa’s 7,790 votes, while another candidate Joseph Asiimwe managed only 12 votes.
was challenging Tayebwa’s victory alleging that he engaged in voter bribery,
intimidation, ballot stuffing, dismissal of his agents from polling stations to
facilitate rigging, on polling day.
petition fell short after Hon. Tayebwa through his lawyer Geoffrey
Kandeebe, raised a preliminary objection against the petitioner’s nomination by
the electoral commission.
court that the petitioner during his nomination failed to raise the required 10
signatures of registered voters from a constituency.
however, objected to by Jadson Agaba, counsel to Tumuramye told
court that the electoral commission was satisfied with the number of signatures
presented and thus nominated him.
Moses Kazibwe Kawumi while delivering his ruling said that the second
respondent (Electoral commission) did not state any reason to show that the
petitioner was not validly nominated in the declaration of nominated persons’
form executed by the returning officer but only admitted in the answer to the
petition that he petitioner was a candidate.
Moses Kazibwe Kawumi said “I find merit in the
preliminary objection and do not find it necessary to canvass the rest of the
objections raised, and the petition is struck out for invalidity since the
petitioner was not validly nominated a candidate.”
Kawumi noted that if the failure to acquire ten names and signatures of persons
supporting a candidate’s nomination would not affect the nomination, the
legislature should have stated so in the parliamentary elections Act.
He went ahead to dismiss the petition and awarded costs to Tayebwa.
After the ruling Tayebwa said that the focus is now reconciliation among both parties
and their supporters.