The Court of Appeal in Kampala has ordered the Electoral Commission (EC) to organize fresh election in Busongora South Constituency in Kasese District, overturning a 2021 victory of the incumbent Member of Parliament (MP), Mr Gideon Mujungu Thembo.
Citing electoral irregularities, Mr Jackson Mbaju (Ind) who was the second in the race to the 11th Parliament challenged the ruling NRM party legislator’s win in court.
Wednesday’s court ruling was “based on evidence that dead people were allowed to participate in the January 2021 legislative poll.”
Three Court of Appeal justices led by Fredrick Egonda -Ntende unanimously ruled that “MP Mujungu benefited from the non-compliance by the electoral body while conducting the elections.”
In his election appeal, Mr Mbaju produced evidence showing that at least three dead people voted in addition to registered voters at some polling stations.
Some three other people swore affidavits proving they were in Saudi Arabia when the constituency voted MPs in 2021 despite the fact that election officials ticked their ballots.
More evidence brought to court by the complainant showed that voters exceeded the 100 registered electorates at Busunga Primary School polling Station.
Mr Mbaju had initially petitioned the High court in Fort portal seeking nullification of the results but Justice Victoria Katamba dismissed his request on October 11, 2021.
Justice Katamaba said “Mr Mbaju had not proved to court’s satisfaction that Mr Mujungu was part of the electoral offenses.”
The NRM’s publicity secretary in Kasese District, Mr Johnson Kamalha Kalyasa June 22 said: “We shall respect court decision and wait for the Electoral Commission to update the party so that we start preparing to reclaim victory.”
During the general election last year, Mr Gideon Mujungu Thembo (NRM) won election to Parliament by a margin of 79 votes. His immediate rival Mr Mbaju obtained (Ind) 7,522 votes in a race that had ten candidates.