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Court Dismisses Petition Against Kashongi County MP Tayebwa

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.
Kashongi County Member of Parliament Hon Herbert Tayebwa Musasizi

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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.

The 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.

The petition also listed the electoral commission as the second respondent.

Tumuramye, 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.

Tumuramye 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.

However, his petition fell short after Hon. Tayebwa through his lawyer Geoffrey Kandeebe, raised a preliminary objection against the petitioner’s nomination by the electoral commission.

Kandeebe told court that the petitioner during his nomination failed to raise the required 10 signatures of registered voters from a constituency.

This was, 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.

Justice 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.  

Justice 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.” 

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. 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.

//Cue in: “reconciliation is obvious…

Cue out: …bakahikiri ebi barikwenda.”//

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