Court upholds election of NRM’s Nakate as Luweero Woman MP

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KAMPALA. The election of the ruling National Resistance Movement (NRM)’s Luweero Woman Member of Parliament Lilian Nakate has been upheld after the court of Appeal ruled that she was validly elected.
The High Court last year had nullified the election of Ms Nakate on grounds that the electoral commission failed to comply with the electoral laws and that there were other malpractices like voter bribery.

The High Court ruling came after the Democratic Party (DP)’s Brenda Nabukenya petitioned court challenging Ms Nakate’s victory.
However, a panel of three justices at Court of Appeal led by the deputy Chief Justice Steven Kavuma held that the nullification of Ms Nakate was unjustified.
Other justices are; Paul Kahaibale Mugamba and Alfonse Chigamoy Owiny-Dollo.

“We have found that the alleged commission of acts of bribery by the first appellant (Ms Nakate) and non-compliance with electoral laws by the second appellant (Electoral Commission) in its conduct of the elections at St.Kizito and Galikwoleka polling stations have not been proved,” the deputy court registrar, Mr Deo Nizeyimana read the ruling on behalf of the justices.
The justices also noted that the finding of the trial judge that there had been intimidation and hijacking of the voting exercise by hooligans who overran the polling station thereby forcing the presiding officer to flee the station was also not borne out by any substantial evidence.

The High Court ruling came after the Democratic

The High Court ruling came after the Democratic Party (DP)’s Brenda Nabukenya petitioned court challenging Ms Nakate’s her victory.

They also noted that Ms Nakate obtained 57,728 votes while Ms Nabukenya got 54,615 which shows a margin of 3,113 votes between them.

“It is evidently clear that the difference in the votes obtained by the first appellant and the respondent could not be remedied even if all the registered voters in the two impugned polling stations totaling 1,137 voters had voted for the respondent. In any case it is unthinkable that all the registered voters in the two polling stations could have voted for one of the candidates only. We therefore find that the non-compliance with the electoral laws alleged to have taken place at St. Kizito and Galikwoleka polling stations; if they had been proved by evidence would have been an insubstantial non-compliance. They could not have affected the election results in a substantial manner,” ruled the justices.
The court ordered Ms Nabukenya to pay the costs of the appeal and election petition of the lower court to Ms Nakate.

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