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Mukono High Court Uphold Election of Kasawo LC 3 Chairperson

In his defence, Mulindwa through his lawyer Hannington Mutebi demonstrated before the court that he was a resident of Kasawo Town Council. He presented copies of his National ID card, declaration of income and assets listing land and buildings in Kasawo including his matrimonial home.
Andrew Kaddu Kabugo, the petitioner.
Mukono High Court has upheld the election of James Mulindwa as the Kasawo Town Council LC 3 Chairperson. Lady Justice Mukwaya has dismissed an application by Andrew Kaddu Kabugo challenging Mulindwa’s nomination.

Kabugo, who ran on for the same position on the National Resistance Movement ran to court after losing to Mulindwa. He polled 1396 votes against Mulindwa’s1473 votes. In his petition through his lawyer, Isaac Natala, Kabugo challenged Mulindwa’s nomination on grounds that he is ordinarily not a resident of Kasawo Town Council.   

He also accused the Electoral Commission-EC of permitting residents of Kitale- Busia (A-M) and Kitale Busia (N-Z) to vote during the Kasawo Town Council election and yet the two polling stations belong to Namuganga sub-county. He claimed that EC’s illegalities affected the election outcome in a substantial manner and asked the court to declare him the winner of the election.

In his defence, Mulindwa through his lawyer Hannington Mutebi demonstrated before the court that he was a resident of Kasawo Town Council. He presented copies of his National ID card, declaration of income and assets listing land and buildings in Kasawo including his matrimonial home.

The EC Lawyer Anthony Muhweezi and Mukono District Returning Officer, Mark Muganzi Mayanja also confirmed to the court that the two polling stations were part of Kasawo town. This was also confirmed by the Chief Administrative Officer and the District Planner of Mukono District on September 1, 2020. They also tabled a list of polling stations published by the commission in newspapers.

Muhweezi also presented a copy of the packing list of election materials for Kasawo Town Council dated November 25th, 2020 indicating that the contested polling stations are under Kasawo town council. He also indicated that on the polling day, the petitioner appointed agents who witnessed the voting exercise and signed the DR Forms.   Now, in her ruling Justice Olive Kazaarwe Mukwaya has dismissed the application.

“I find that everything which was done by the EC was executed in a transparent and timely manner within the ambit of the law. ... as rightly observed by Counsel for the EC, no such complaints were made. Instead, the Petitioner sent Polling agents to Kitale Busia and was able to garner a total of 80 votes. A demonstration that he was aware of the existence of the polling stations and benefited from their existence.” The judgement read in part.  

Justice Mukwaya indicates that the petitioner failed to discharge the burden of proof to the required standard. The unrefuted evidence before the court is that Kitale Busia[A-M] and Kitale Busia [N-Z] formed part of Kasawo Town Council electoral area.

“Mulindwa, who is a resident of Kitale Busia, was rightly nominated to participate in the election where he emerged the winner. The rest of the issues are therefore rendered moot. In conclusion, I find that the election for LCIII Chairperson Kasawo Town Council was conducted in compliance with the relevant electoral laws. This Petition is accordingly dismissed with costs to the respondents,” Lady Justice Mukwaya ruled. 

The petitioner has promised to announce his next move, saying that he is dissatisfied with the decision.  

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