“I am reluctant to refer this matter back to the NRM Elections Disputes Tribunal. Where the internal disputes resolution mechanism is biased and has abused its own procedure. Justice for the applicant is not guaranteed. In conclusion, this court allows the application for judicial review and grants the order quashing the decisions of NRM. NRM respondent must produce all the original DR forms and the tallying must be repeated in a transparent manner,” Batema ruled.
has ordered a fresh tally of the primary election results for the Kayunga
District Woman National Resistance Movement-NRM parliamentary candidate. Justice
David Batema issued the order following a successful application by Jackline
Birungi Kobusingye challenging the declaration of her rival, Agatha Nalubwama
as the winner of the primaries.
petitioned court accusing Nalubwama and the NRM party of mishandling the vote
tallying and general voting process. She ran to the high court, saying the NRM
Disputes Tribunal had ignored her pleas for justice, saying she didn’t present
any evidence to back her claims.
polled 33, 632 votes against 38, 562 votes garnered by Nalubwama. She rejected
the poll results on grounds that minors, none registered voters and opposition
members had participated in the primary elections.
However, the Tribunal ruled
that none registered voters had participated in the polls in line with a
directive issued by the National Chairperson prior to the elections allowing
all interested party members to vote even if they are not on the register
provided they are known to the local leaders.
argued that the petitioner couldn’t prove that the disputed voters were not party
members. The tribunal also acknowledged receipt of declaration forms from Kikwanya,
Nakirubi and Kangulumira central polling stations in Kangulumira Sub County
among the areas where the petitioner claimed that the primary didn’t take
commencement of the court hearing, the respondents submitted that application
for judicial review was premature since she had failed the same matter before the
NRM Electoral Commission, which was yet to make a decision. Delivering his
ruling on Saturday in Mukono High Court, Justice David Batema, noted that the party
tribunal didn’t cause list Kobusingye’s petition for hearing.
noted that the party failed to explain missing results from the eight electoral
areas of Kayunga Sub County and four in Kitimbwa and Kayonza sub-counties. Justice
Batema also observed that the deliberate failure by the party to file the
result declaration forms and tally sheets in their defence was an indication
that they were hiding something, which couldn’t seat well with the applicant.
reluctant to refer this matter back to the NRM Elections Disputes Tribunal.
Where the internal disputes resolution mechanism is biased and has abused its
own procedure. Justice for the applicant is not guaranteed. In conclusion, this
court allows the application for judicial review and grants the order quashing
the decisions of NRM. NRM respondent must produce all the original DR forms and
the tallying must be repeated in a transparent manner,” Batema ruled.
He said high
court will determine the authenticity and correctness of the DR forms presented
with the help of Mukono District National Electoral Commission registrar or any
other person nominated by the party Electoral commission. He set
October 12th, 2020 as the date for tallying the results at Mukono
High court starting at 11 am. High Court will
make the final declaration on October 14, 2020, and thereby make any other
necessary orders in the interest of justice.
Kobusingye told URN that the court has
finally served her justice.
//Cue in: “Finally God has…
Cue out: …people in NRM”//
discontent with the court decision, saying the ruling is unfair to her since
her rival is a relative to Kayunga District NRM Chairperson, Moses Kalangwa who
has the capacity to monitor and protect the entire election process.