Mbaju now wants the Court of Appeal to rule in his favor, declare him as the duly elected Member of Parliament for Busongora South Constituency and be awarded with costs of the case.
Mujungu being congragulated by his relatives and supporters shortly after Fort Portal high court dismissed a petition challenging his election victory
Former Busongora South Member of
Parliament in Kasese District, Jackson Mbaju Kathika has listed 12 grounds in
his appeal challenging the dismissal of an election petition against his
successor Gideon Thembo Mujungu.
January 14th elections, the Electoral Commission declared Mujungu the
winner after obtaining 7,601 votes against Mbaju’s 7,522 votes.
contested as an Independent candidate challenged the election of Mujungu of the
National Resistance Movement-NRM citing cases of voter bribery, ballot stuffing
and the existence of ghost voters on the register.
challenged Mujungu’s academic qualifications alleging that he used forged
documents during his nomination by the Electoral Commission. As such, Mbaju
asked the Fort Portal High Court to overturn Mujungu’s victory.
October 14th 2021, Lady Justice Victoria Nakintu Nkwanga Katamba
dismissed Mbaju’s petition saying that the evidence he presented to court was
insufficient to nullify Mujungu’s victory.
Justice Katamba also said that she was
convinced by the evidence presented before court that Mujungu attained the required
academic qualifications to be elected as a member of parliament.
not happy with the decision, Mbaju has decided to appeal against it in the
Court of Appeal in Kampala raising 12 grounds. Mbaju contends
that the learned trial Judge erred in law and fact when she failed to make a
ruling on the preliminary point of law raised against the unsworn affidavits in
support of Mujungu and Electoral Commission's answer to the petition.
before court shows that those affidavits were sworn by Soki Salimah, Winnie
Ahimbisibwe, Immaculate Katushabe, Joram Tumwesigye, Patrick Busingye, Arod
Kiggundu and Ivan Mulindwa and as such, he says the Judge ended up with a wrong
Mbaju, the Judge should have made a ruling on the affidavits and then expunged
them from the court record.
learned trial Judge erred in law and fact when she imposed both the legal and
evidential burden of proof on the petitioner in respect of the authenticity of
the academic qualifications presented to the 2nd respondent/Electoral
Commission for nomination by the 1st respondent/Mujungu, thereby arriving at
wrong conclusion, " reads the appeal.
It adds that
" the trial Judge erred in law and when she held that Mujuni T Gideon
changed his name to Thembo Gideon Mujungu within the confines of the law
thereby arriving at a wrong conclusion".
The Judge is
also faulted for having ruled that the nomination papers in the name of Thembo
Gideon Mujungu met the standard required by law and therefore his election was
done in compliance with the laws.
trial Judge erred in law and fact when she failed to find that noncompliance of
electoral laws affected the results of the election in a substantial manner
thereby coming to a wrong conclusion".
"the learned trial Judge erred in law and fact when she did not properly
evaluate the evidence on court record thereby coming to a wrong conclusion that
the Petitioner had not proved his case against the respondents.
wants the Court of Appeal to rule in his favor, declare him as the duly elected
Member of Parliament for Busongora South Constituency and be awarded with costs
of the case. The matter is yet to be fixed for hearing.