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Court of Appeal throws out Busongora South MP over vote rigging

The Court of Appeal has nullified the election victory of Gideon Thembo Mujungu and declared the Busongora County South parliamentary seat in Kasese district, western Uganda vacant. This follows a successful appeal lodged by his independent rival, Mbaju Kathika.

In 2021, the Electoral Commission declared Mujungu, who ran on the ruling National Resistance Movement (NRM) party ticket, the winner of Busongora South parliamentary seat with 7,601 votes against 7,522 votes garnered by his rival.

Mbaju rejected defeat and petitioned Fort Portal High court citing cases of voter bribery, ballot stuffing, and the existence of ghost voters on the register. He also claimed that his rival lacked the requisite academic qualifications for election as a member of parliament.

However, justice Victorious Katamba, who listened to the application dismissed it on the grounds that the evidence presented to the court by the petitioner was inadequate. She also said that she was convinced by the evidence presented before the court that Mujungu attained the required academic qualifications. Justice Katamba also noted that there was no evidence proving the allegations of ghost voters in Busongora South.

As a result, Mbaju decided to appeal the High court judgment, saying that the judge had failed to evaluate the evidence before the court. On Wednesday, the three-member panel of the Court of Appeal justices led by Frederick Egonda Ntende concurred with Mbaju.

"There is sufficient evidence of ballot pre-ticking, balloting stuffing, and multiple voting, which is strengthened by the fact that the 100% voter turn recorded at one polling station could not have been possible given the fact that there were people who had died and some who did not vote but were still on the voters' register," the panel ruled.

They cited Katunguru primary school polling station, where some of the voters on the register were confirmed dead. The evidence availed to court according to the ruling confirmed that 7 of the claimed voters were dead at the time of the elections.

The others were Katunguru market polling station, Busunga primary school polling station, and Quran primary school polling station. The appellant set aside Mujungu's victory and ordered fresh polls.

"I would set aside the election of Thembo Gideon Mujungu as a Member of Parliament for Busongora county South, Kasese district. I would order respondent no. 2 to hold a by-election for Busongora County South Constituency in accordance with the law." the court ruled.

Mbaju couldn't hide excitement after the court of appeal verdict, saying that he has got a chance to prove to his voters that he is a worthy leader." I want to mention that this victory is not mine but those who believe in democracy, the rule of law, and that one person is entitled to one vote. This victory is for my voters," he said.

Comments

0 #1 kabayekka 2022-06-24 17:11
This is what many citizens of this country seem to be saying. Before the British came to Uganda and then left 60 years ago, African cultural institutions had rules, bye laws and order.

Right from the Muluka (parish), Gombolola (sub county) and Saza (county). Local judges and jury were always made available for the communities to make sure that justice was seen to be done.

Where the appeal cases were very much necessary, that is when study and research in law was paramount to assist in such cases. In such a case as this one the voters themselves were in a better position on the ground plus the various political party agents, to decide who was the winner in this free and fair democratic election.

No wonder politics and the rest is all about greed and money, that is why universal democratic elections brought about by NRM in this poor country are very expensive, they end up in formal courts of law, and indeed they are never free and fair.
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0 #2 Akot 2022-06-24 21:06
[Court of Appeal throws out Busongora South MP over vote rigging]

Ugandans MUST STOP Museveni in UNITY, then put in place the kind of governance they want!

Why harass, arrest, imprison...one another so that Museveni dictates in peace for life & leave the post to his son?

All Ugandans need to do are;

- NO to the tribalistic syteem Museveni put in place,

- UNITY to block & show him way out!

Why don't Ugandans what to give chance to the next generation in a Uganda that will belong to them!

Ah! Ugandans in posts ensure Museveni's ownership of the country & believe they are right to do so in one of the worst dictatorship the world has ever seen!...
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0 #3 Akot 2022-06-24 21:15
...Not even mps can say NO to what Museveni wants, especially when he puts Ugandans in more danger! So why will Ugandans go for next parliamentary elections to continue having mps who serve no purpos to electorate?

Ugandans, why will you keep open the parliament that legalises your enslavement to Museveni & ensure his family business?

Why are Ugandans slaves of the migrant they were kind to give shelter, then stupidly hand over their country to?

Ugandans, why are you afraid to live without Museveni & family?

Even forming Independent Tribal States NOW, will save Ugandans as Museveni has no tribal land to fight to come back from!

Why is Museveni still chief tribal leader, fake president using Ugandans agains one another legally, officially, constitutionally?
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0 #4 Munafu Mali 2022-06-27 13:34
No wonder politics and the rest is all about greed and money, that is why universal democratic elections brought about by NRM in this poor country are very expensive, they end up in formal courts of law, and indeed they are never free and fair.

Ugandan thieves will stop at nothing to steal anything including to steal votes!!

Theft ot this nature must not be tolerated in this country ..otherwise Uganda could turn into a vegetable republic because of greedy people such as this one in the news above.....
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