NEWS– The Court of Appeal Justices Eva K. Luswata and Frederick Engonda Ntende have today declared that the Bukimbiri County Member of Parliament Eddie Kwizera wa Gahungu was elected in a wrong way.
This comes after some voters petitioned that the ballot paper for Bukimbiri County Constituency elections on polling day had the names of Atuhwereire Arthus Kazoora, Atwiine Victor, Byaruhanga Didas Kaginda and Mugabe Donozio Kahonda.
Those names were different from the names of the duly nominated candidates who were Owebeyi James, Turyagyenda Asgario, Eddi Kwizera Wa Gahungu and Muhereza Martin and the petitioner challenged the results on the basis that names on the ballot paper were alien to the voters.
The respondents argued that the voters could identify their candidate of choice using others features on the ballot paper such as photographs and party symbols of candidates.
The Court of Appeal has today held that the name of a candidate goes to the root of their identity on the ballot paper and the Electoral Commission who should have the responsibility to design and print ballot papers for any election in Uganda should have avoided such a reckless mistake.
In their view, the Judges of the Court of Appeal said that the failure to include the correct names of the nominated candidates on the ballot appear and their substitution with unknown names, amounted to failure to conduct the election in accordance with the election law and principles.
The exercise therefore was deemed to have been a spurious election, and it’s final outcome would be of no consequence.
Justice of the Court of Appeal Christopher Madrama however, delivered a dissenting judgement but two judges ordered a fresh election and they ordered the Electoral Commission to pay costs in the Court of Appeal and the High Court to the Petitioner