Appellant court upholds MP Taban Amin’s election

Masindi, Uganda | THE INDEPENDENT  |  The Court of Appeal has dismissed an appeal challenging the election of Kibanda North Member of Parliament Taban Idi Amin.  

The dismissed appeal was filed by Simon peter Kinyera, a voter from Kibanda in Kiryandongo District challenging a decision by Masindi High Court, which labelled his petition incompetent. 

Amin, a grandson of former Ugandan President Idi Amin Dada was elected unopposed in a by-election conducted in 2017. He had been thrown out of parliament on the basis of a challenge by his predecessor Sam Owor Otada who pointed out that his official name did not correspondent with specifics on his National Identity Card and academic qualifications.    

Otada argued that Taban, also known among his constituents as Jegejege interchanged names on various official documents, and did not formally adopt the name Tampo, by which he was commonly known. The justices ruled that Taban adopted the name Tampo for political convenience, and was nominated under the same name, which was not anywhere on the National Voters Register.  

Later, the Electoral Commission issued in the Uganda Gazette Volume III of 2017 indicating that Taban had changed his name from Taban Idi Amin Tampo to Taban Idi Amin hence participating in the by-election held in 2017 where he was declared a winner.   

But Kinyera challenged Taban’s re-election on account that Taban is not a registered voter among other allegations. The petition was dismissed in 2018. He, however, went to the Court of Appeal on account that justice Rugadya failed to properly evaluate the evidence on record and thereby reaching the wrong conclusion.  

However, during the hearing of this appeal, Taban’s lawyer Caleb Alaka argued that Kinyera’s petition didn’t meet the required standard in law since voters are supposed to challenge one’s election when they have a backup of more than 500 other voters supporting the matter, which he didn’t have.  

Delivering their verdict on Monday the panel comprising Deputy Chief Justice Alfonse Owiny Dollo, Kenneth Kakuru and Christopher Madrama agreed with Taban’s lawyer and dismissed the appeal with costs.  

The Judges held that the Electoral Commission reflected the changes in Taban’s name in Uganda Gazette on June 15, 2017, before the polling day adding that the interim order had been given and vacated by the time of nomination on July 20, 2017.

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