Today Monday, Masaka chief magistrate Charles Yeteise heard that the vote tallying exercise was filled with gross irregularities since Ssempijja’s polling agents were ejected from the polling stations before the tallying exercise was conducted which raised suspicion that the exercise was not free and fair.
Ssempijja through his lawyers led by Geoffrey Kandebe, told court that the same thing happened at about 25 polling stations, which gave a chance to Katabazi’s polling agents and officials to mismatch the votes and hence robbed him of his victory. He asked court to grant his prayers for a vote recount to ascertain the exact number of votes he lost through this process because there was no sufficient display of ballots during the tallying exercise.
“In several polling stations in the constituency many of the results declaration forms were not signed, which justifies why the recount should be granted to end this doubt,” Kandebe told the magistrate.
In his submission the EC lawyer, Eric Sabiti told the court that the election exercise was free, fair and peaceful; saying the agents of all the candidates including those of the petitioner signed the declaration forms (DR) without hesitation.
“We don’t have anything to hide from the court and public and if court orders for a recount we shall accept and deliver materials to the court because the polling material and boxes holding DR forms are in good custody,” he said.
Katabazi’s lawyers, led by Chrysostome Katumba told the court that the allegation by Ssempijja’s lawyers that his agents did not sign the DR forms is false since the forms on-court record are clearly signed and no complaint was raised during the counting or tallying exercise on the polling day.
He said bringing up the matter now isn’t right since the court cannot have enough time to ascertain the claim. Katumba also argued that grounds brought by the applicant are farfetched to warrant a vote recount and asked the court to throw out the application. In his ruling, Yeteise noted that court was convinced with the grounds raised by the applicant for a vote recount.
“I have considered submissions from all parties and court finds it fit to grant a vote recount on grounds that Ssempijja’s agents were chased from the polling stations and vote tallying was conducted in absence of his agents, which brings the confusion that can be resolved by a recount,” he said.
Yeteise ordered the returning officer to allow two agents of each candidate and ensure transparency during the loading and offloading of the materials from the contested polling stations to Masaka court tomorrow for the vote recount.
Ssempijja has welcomed the ruling, saying many of his ballot papers were given to Katabazi during the tallying exercise since his agents were chased from the polling station.
“My complaint was that I got information from the voters that some of my agents were refused to represent me at the polling stations. And those people, did what they wanted at the polling stations because my agents were not there. And the ones they put there were not mine, they were their own agents, their own people whom they called my agent. That is is what I was told and that is what I brought to court,” said Ssempjja.
However, Katabazi accused Ssempijja of conniving with the Electoral Commission and court to rob him of his victory says he is considering filing an appeal.
Katabazi polled 12,198 votes against Ssempijja’s 10,865 votes. Lule Mayiya came third with 6,427 votes while Didas Mugooma trailed the pack with 2,304 votes.
Ssempijja is among the all 13 ministers who lost their parliamentary seats to NUP candidates in the Buganda region. Ssempijja has since accused the Catholic church and Buganda kingdom of campaigning against him.