Bagoole challenged the process leading to todays decision in which High Court Judge Patricia Wasswa Basaza set aside the outcome of the recount. Justice Basaza ruled that the magistrate court erred to order a vote recount without evidence of irregularities in the tally.
Jinja high court has overturned the results of a vote-recount that had ejected the Incumbent Member of Parliament for Luuka County John Bagoole Baluloba as the elected legislator for the newly created Luuka North constituency.
Bagoole, an Independent candidate who had been declared winner after the February 18 polls, was challenged to a vote recount by National Resistance Movement â€“NRM party candidate Eng. Luke Kyobe Inhensiko citing irregularities in vote counting and tallying.
Through his lawyer Hassan Kamba, Eng. Inhensiko asked Iganga magistrates court to order for vote recounting in order to clear the anomalies. His plea was granted by Iganga chief magistrate Godfrey Kaweesi.
During the process, it was discovered that 25 out of 83 ballot boxes had open seals n tampered with while four other boxes did not contain any electoral material. However, court proceeded with the recount which gave Eng. Inhensiko victory as the elected legislator for Luuka North.
Bagoole challenged the process leading to today's decision in which High Court Judge Patricia Wasswa Basaza set aside the outcome of the recount. Justice Basaza ruled that the magistrate court erred to order a vote recount without evidence of irregularities in the tally.
â€œThe chief magistrate did not satisfy himself with the specificity of irregularities and errors to order a vote recount and blindly conducted a vote recount even after finding the ballot boxes tampered with. That was illegal and means that the results of that vote recount are void,â€ The judge stated.
The judge however ordered each party to meet its own expenses.
Hassan Kamba, the lawyer who represented Eng. Inhensiko said they were not content with the ruling