Court of Appeal confirms Makumbi as Mityana South MP

Kampala, Uganda | GODFREY SSALI  |  The Court of Appeal has confirmed the election of NRM’s Henry Kamya Makumbi as the validly elected Member of Parliament (MP) for Mityana South Constituency.

The Court of Appeal on Wednesday upheld the decision of Kampala High Court judge Joseph Murangira  to strike out the petition of DP’s Richard Lumu’s for lack of sufficient evidence.

Three justices including out-going Deputy Chief Justice Steven Kavuma, his successor Alphonse Owiny-Dollo and Cheborion Barishaki unanimously ruled that Lumu’s remaining four affidavits did not provide credible evidence to support the petition, and so they would not order for a retrial. They remained four after the lower court cancelled 32 for not complying with the Oaths Act and the Illiterates protection Act.

The Justices also dismissed Lumu’s claim that Makumbi was not a registered voter  within Mityana South constituency, and noted that the law does not require a candidate for the office of an MP to be a registered voter in a particular constituency where he or she stands, but it is sufficient that an individual is a registered voter.

On the issue of costs, the justices declined to order Lumu to pay Makumbi all the money incurred in defending this election case because his lawyer Joseph Luzige flouted the provisions of the Uganda Advocates Regulations which bar him from appearing in a matter in which he is potential witness.

Luzige represented Makumbi in this appeal despite the fact that he swore an affidavit in support of the petition.

Lumu was however ordered to pay the Electoral Commission  a  third of the costs.