Muheirwe has decided to challenge the decision of Justice Ssekaana raising four grounds in his appeal filed before the Court of Appeal in Kampala.
Francis Kazini being lifted up by his supporters immediately after being declared winner.
The former Buhaguzi County Member of
Parliament in Kikuube District, Daniel Muheirwe Mpamizo has appealed the
decision to dismiss an election petition against his successor, Francis Kazini
Muheirwe ran to Masindi High Court
after losing the January 14, 2021 parliamentary elections to Kazini. He stood
as an Independent Candidate and garnered 18,788 votes against 20,761 votes polled by his National Resistance
Movement party rival Kazini.
As a result, Muheirwe was not happy with the
decision by the Electoral Commission to declare Kazini Twinomujuni as the eventual winner
of the elections .
Muheirwe decided to petition court seeking to overturn the victory of
Kazini Twinomujuni on grounds that he had discrepancies in his academic papers which he
described as an act of forgery. Court
also heard that Kazini Twinomujuni lacks the minimum Advanced Level academic qualifications to be elected as a member of parliament.
Muheirwe also accused his rival of intimidating
his voters during the polling day, voter bribery and other electoral
on September 28th 2021, Justice Musa Ssekaana dismissed Muheirwe’s
petition saying that Kazini Twinomujuni was duly nominated, elected, declared and subsequently
gazetted as the Buhaguzi County MP in compliance with the governing laws.
The Judge while sitting in Masindi ruled that Kazini Twinomujuni had the minimum requirement of Uganda Advanced
Certificate of Education to be a legislator.
Ssekaana ordered Muheirwe to pay costs of the petition to the respondents who
included the Electoral Commission saying that there was no sufficient evidence
to prove his allegations.
But not happy with the orders in the judgement,
Muheirwe has decided to challenge the decision of Justice Ssekaana raising four
grounds in his appeal filed before the Court of Appeal in Kampala.
Muheirwe contends that the learned
trial Judge erred in law and fact when he held that the burden of proof in
election petitions must be slightly higher than in ordinary civil cases hence
coming to a wrong conclusion.
Justice Ssekaana is also being faulted
for having reportedly failed to properly evaluate the evidence on court record
and came to a wrong conclusion that the appellant/Muheirwe had no iota of
evidence; but merely relied on desk review of Kazini Twinomujuni's nomination papers
/academic documents to make his case.
"The learned trial Judge erred in
law and fact in holding that the first respondent/Kazini Twinomujuni was validly nominated
to participate in elections for Buhaguzi County in Kikuube district and therefore
was duly elected," reads the appeal in part.
According to Muheirwe, the learned
trial Judge further erred in law and fact when he condemned him to pay costs to Kazini Twinomujuni and
the Electoral Commission with whom they are jointly sued in the Court of
Through his lawyers of Mujurizi,
Alinaitwe and Byamukama Advocates, Muheirwe now wants the Court of Appeal to
allow his appeal with costs, nullifies the victory of Kazini and go ahead and
reverse Justice Ssekaana's decision.
The court records show that the copies
of this appeal should be served to K and K
Advocates in Kampala who are the lawyers representing the respondents.
Muheirwe’s appeal is one of the 51
election appeals arising from the 2021 general elections and High Court
decisions that have so far been filed in the Court of Appeal as of October 22nd
All the appeals which are supposed to
be heard and determined by panels comprising of three Judges are not yet fixed