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
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.
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
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
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
“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.