Denis Sekabira retains Katikamu North MP seat, six appeals dismissed

Kampala, Uganda | THE INDEPENDENT | Katikamu North Member of Parliament (MP) Denis Sekabira has retained his seat after the Court of Appeal dismissed an election appeal filed by Gaddafi Nasur, his opponent.

Sekabira, from the National Unity Platform, was declared the winner with 18, 716 votes while Gaddafi from the National Resistance Movement-NRM came second with 10,771 votes.

Gaddafi contested the results and sued Sekabira and the Electoral Commission on grounds that the elections were marred by irregularities before and during voting. The key allegation against Sekabira was that he was wrongly nominated by the Electoral Commission and that he had bribed voters.

However, the High Court Lady Justice Margaret Apiny dismissed Gaddafi’s petition on grounds that he failed to adduce satisfactory evidence to support his allegations against the winner Sekabira and the Electoral Commission. Gaddafi was dissatisfied with the decision of the court and appealed.

In a lead judgement written by Justice Frederick Egonda-Ntende, the Court of Appeal has dismissed Gaddafi’s appeal saying that issues to do with nomination ought to have been filed with the Electoral Commission and when he is not satisfied with their decision, Gaddafi should have then proceeded to the High Court as the final Court.

But this, the Justices said that it was not the case and added that Gaddafi is personally liable to blame for the failure to follow this procedure. Just like the High Court, the Court of Appeal has also ruled that there was no substantive proof that there was a registered voter who was bribed.

The court dismissed the appeal and directed Gaddafi to pay costs to Sekabira and the Electoral Commission.

Sekabira said the court case wasted a lot of his time but now hopes to concentrate on legislative duties.
The Court of Appeal also dismissed the appeal that was filed by Muheirwe Daniel Mpamizo challenging the declaration of Francis Kazini Twinomujuni as the elected Member of Parliament for Buhaguzi County in Kikuube District.

The Electoral Commission applied to the Court of Appeal to strike out Muheirwe’s appeal on grounds that there is no valid appeal on the record, didn’t serve EC with the notice of appeal in accordance with the law and he failed to file the record of appeal in accordance with the law. According to the court record, Muheirwe didn’t file and serve the notice of appeal within the mandatory 7 days after.

Court records show that the judgement in the Masindi High Court was delivered on 28th September 2021, Muheirwe then filed a notice of appeal on 4th October 2021 and endorsed by the registrar on 12th October 2021 before serving EC on 14th October 2021, more than seven days after the notice of appeal was issued.

Justice Eve Luswata in the lead judgement ruled that Muheirwe failed to make an essential step to rectify the matter by seeking the court’s permission. She hence allowed EC’s application and dismissed the appeal. The other members of the panel agreed with her ruling.

The court also dismissed with costs the appeal application of Emmanuel Komol in which he challenged the High court decision which upheld the declaration of Lokeris Samson as the elected Member of Parliament for Dodoth East County Constituency in Kaabong district.

Another case dismissed was that filed by Wilson Watira against David Wakikona Wanendeya and Electoral Commission. Watira contested for the Bushigai parliamentary and garnered 2,177 votes against Wakikona’s 4,108 votes. He rejected the results and petitioned Mbale High Court citing malpractices and discrepancies in the name on Wakikona’s academic documents.

The court also dismissed the application of Eveline Tete Chelengat in which she challenged the decision of the High Court which upheld Eveline Chemutai as the elected Woman Member of Parliament for Bukwo.

Others dismissed that of Godfrey Byakatonda who challenged the election of Emmanuel Kamihingo as the chairman of Ntuusi Town Council in Ssembabule District.

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