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MP Otada's election challenger Appeals against High Court Ruling

A voter who is challenging the election of the Kibanda County Member of Parliament, Sam Otada, has taken the matter to the court of appeal.
A voter who is challenging the election of the Kibanda County Member of Parliament, Sam Otada, has taken the matter to the court of appeal.

 

Shaban Byenkya, George Baitera Maiteki's campaign manager dragged the electoral commission and Sam Otada to the high court in Masindi, claiming that the electoral commission did not conduct the 18th February parliamentary election in a free and fare manner.

 

The petitioner says the electoral commission declared zero results to all candidates from five poling stations of Mpumwe, Nyama, Chongameno, Nyamahasa and Kihura. He also alleges that 38 ballot papers ticked in favor of his candidate Baitera, were found dumped in Siriba swamp.

Byenkya claims that the irregularities robbed his candidate of the victory in favor of Otada who contested as an independent. He asked court to nullify the out come of the elections and ordered the electoral commission to organize fresh elections.

But on June 23rd, the high court in Masindi presided over by Justice Wilson Kwesiga dismissed the petition on grounds that declaring zero return (results) to all candidates in the five poling stations could not affect the out come of the elections in a substantive manner. He said that even if all the results in the five poling stations were given to Baitera, he could not win.

 

Justice Kwesiga also noted that the petitioner failed to prove beyond reasonable doubt that the 38 ballot papers ticked in favor of Baitera had been cast as votes in Kiryandongo district. He said, in the circumstances of this case, the petitioner did not adduce evidence on fraudulent tally sheets and it appears that the elections were peacefully conducted.

 

Justice Kwesiga dismissed the case with costs, and said whoever is not satisfied can appeal. Shaban Byenkya said he is not satisfied with the ruling and has now taken the matter to the court of appeal in Kampala

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