Nakwedde accused President Yoweri Museveni, Prime Minister Robinah Nabbanja, and senior NRM members, including Secretary-General Richard Todwong, Communications Director Emmanuel Dombo, and Director for Mobilization Rosemary Sseninde, of voter bribery. Additionally, she claimed there was tampering with results at various polling stations.
The Court of Appeal in Kampala has dismissed an election appeal
filed by NUP’s Harriet Nakwedde challenging the victory of NRM’s Andrew Muwonge
as the Kayunga District LCV Chairperson.
The Court comprised of Justices Geoffrey Kiryabwire,
Muzamiru Mutangula Kibedi, and Christopher Gashirabake on Friday dismissed
Nakwedde’s appeal on the basis that she filed out of the stipulated seven days.
“Elections have a special legislation aimed at expediting
the trial of electoral related matters. That is why the 7-day time frame under
the Local Government Act for service is couched in mandatory terms. However in
the current case, the Appellant did not comply with these mandatory statutory timelines’,
said the Justices.
The dismissal followed a successful application filed by the
Electoral Commission’s Head of Litigation Eric Sabiiti which was jointly sued
with Muwonge for conniving to defraud Nakwedde of her victory.
On December 17th 2021, the Electoral Commission
declared Muwonge of the ruling National Resistance Movement as the winner,
garnering 31,830 votes, followed by Nakwedde of the opposition National Unity
Platform with 31,308 votes. Independent candidate Majid Nyanzi secured third
place with 1,287 votes in a by-election following the death of Ffeffeka
Ssekibogo, elected in the 2021 general election.
Nakwedde, dissatisfied with the results, lodged a petition in the Mukono High
Court, alleging bribery by Muwonge or his agents in ten locations and collusion
with the Electoral Commission to manipulate results from 130 polling stations
across the district.
She further accused President Yoweri Museveni, Prime Minister Robinah Nabbanja,
and senior NRM members, including Secretary-General Richard Todwong,
Communications Director Emmanuel Dombo, and Director for Mobilization Rosemary
Sseninde, of voter bribery. Additionally, she claimed there was tampering with
results at various polling stations.
However, on July 14th, 2022, High Court Judge Alex Mackay Ajiji dismissed
Nakwedde's petition due to its late service, rendering it invalid. He affirmed
Muwonge as the duly elected LC5 Chairperson. Aggrieved with Justice Ajiji’s
decision, Nakwedde appealed through her lawyer Jonathan Erutu.
However, during the hearing in November 2023, Muwonge, represented by his lawyer Anthony Bazira
together with the Electoral Commission’s lawyer Sabiiti asked the court to dismiss
Nakwedde’s appeal on grounds it was filed beyond the stipulated time frame.
Bazira argued that Nakwedde's appeal was lodged nine months beyond the
designated period and that she failed to take crucial steps promptly in pursuit
of her appeal. Bazira, and Sabiiti told the Justices that
there exists no valid appeal against Muwonge and urged the court to strike it
from the record, with costs.
In an interview with our reporter in November 2023, Nakwedde said her victory
was unfairly contested attributing the filing delay to external factors beyond
her control.
Muwonge has welcomed the decision saying that it is time
to work for the people despite the fact that he was not happy that he wasn’t awarded
costs.
//Cue in: “Kinkozemu bubi nti….
Cue out: ..kyeyamani wamwe”.//
Sabiiti said the decision is a confirmation of available
precedents that courts will not accommodate litigants or their Counsel to file
a petition outside stipulated time.
