Various High Court circuits in the country started receiving Election Petitions arising from the Local Council elections after the Uganda gazette of winners came out on April 22 2021.
Kayanja the DP Candidate who has petitioned the court.
The loser in the Entebbe Municipality Mayoral elections has petitioned the High
Court in Kampala seeking to overturn the victory of Fabrice Brad Rulinda.
In his petition before the Civil Division, the petitioner Vincent De Paul Kayanja
says that the elections conducted on January 25th 2021 were not held in
conformity with the law.
According to the Electoral Commission, Rulinda an Independent Candidate was
declared the winner with 6,703 votes, followed by National Resistance Movement
candidate Michael Mutebi Kabwama Nyamayalwo with 6,342 votes and Kayanja 5,576
in the race included National Unity Platform party candidate Olive Nassuna who
scored 2,499 votes, another Independent Candidate Muhammad Kawuma got 521
votes, and Alliance for National Transformation Candidate Kenneth Simbwa got 45 votes whereas Gerald Muwonge came last with 13 votes.
Kayanja contends that he was not happy with the results because there was
falsification of results in 74 polling stations which he names in his petition.
For instance, Kayanja says that at Bugonga Boys Primary School A to J
polling station, Rulinda obtained 30 votes but on the official declaration of
result forms that was duly endorsed by the presiding officer and signed by all
agents of the candidates, the Returning Officer made an inflated entry,
declared and tallied 300 votes for Rulinda.
adds that at Lunyo East polling station A to KAS, 20 votes were announced
but the declaration of result form shows that the Returning Officer inflated
the entry, declared and tallied 578 votes for Rulinda.
Entebbe Comprehensive (SSEN-Z) polling Station, the first respondent
(Rulinda) polled 53 votes which were declared at the polling station and on the
declaration of result forms duly endorsed by the Presiding officer and signed
by all the agents of the candidates but the Returning Officer of the second
respondent (Electoral Commission) made an inflated entry, declared and
tallied 501 votes for the first respondent", reads the petition in part.
to Rulinda, the returning officer and other officials at Wakiso District Tally
Center also refused to use the electronic display system as required by
law to enable transparent tallying of results thereby denying him and his
agents an opportunity to match results that were being entered for declaration
by the Returning Officer.
"That upon complaining to the District Returning Officer for him to
display the results being entered for declaration, he instructed security
officers to restrain me or else I was to be pushed out of the tally centre for
disruption of the tallying exercise", adds the petition.
before the court shows that when Kayanja protested the alleged continued
declaration of false results, the military and police re-enforced their
presence, surrounded him together with his agent and forcefully evacuated them
from the tally centre.
Through his lawyers of Alaka and Company Advocates and Kizito, Lumu and Company
Advocates, Kayanja now wants the court to set aside the victory of Rulinda
and declare him the legitimate winner of the hotly contested race.
also wants the court to declare that Rulinda was not validly elected and pay
him the costs of the petition.
election petitions are handled with urgency, the Civil Division Registrar Jamson
Karemani has already issued summons to Electoral Commission and Rulinda who are
the only respondents to the petition to file their defence within 10 days
before the matter can be fixed for hearing.
Various High Court circuits in the country started receiving Election
Petitions arising from the Local Council elections after the Uganda gazette of
winners came out on April 22 2021.
These petitions will now add onto the 104 cases filed against the gazetted Members
of Parliament which are also not yet fixed for hearing due to the delay by the Ministry
of Finance to release funds for this quarter of the financial year.