Former Busongora South MP Lists 12 Grounds to Appeal Petition Dismissal

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.

Following the January 14th elections, the Electoral Commission declared Mujungu the winner after obtaining 7,601 votes against Mbaju’s 7,522 votes.

Mbaju who 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.

He also 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. 

However, on 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.

However, 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.

The evidence 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 conclusion.

According to Mbaju, the Judge should have made a ruling on the affidavits and then expunged them from the court record.  

"The 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.  

"The 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".  

Adding "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.

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. The matter is yet to be fixed for hearing.