The Court of Appeal has this morning thrown out Rukungiri Woman MP (NRM), Winnie Matsiko out of parliament after a successful challenge of by FDC’s Betty Muzanira.
In a majority ruling of two justices to one, the court faulted the High court for failure to properly evaluate the evidence that was brought before it before it upheld Matsiko’s victory.
The court found that Matsiko bribed voters when she contributed money to different churches during campaigns. The court also faulted the Electoral Commission for failure to adhere to electoral laws relating to tallying of results before it declared Matsiko winner.
Justices, Alfonse Owinyi-Dollo, and Paul Mugamba directed the Electoral Commission to organize a by-election within 60 days. They also ordered both the EC and Matsiko to pay Muzanira costs for both the High court and the Court of Appeal which is the highest appellate court in electoral offences.
Before the majority ruling, the Court of Appeal registrar, Esther Nambayo first read the ruling of Justice Kavuma who had withheld the victory of Matsiko arguing that Muzanira had failed to adduce evidence to warrant a nullification of victory.
“The original results are the valid results… the appeal is dismissed,” Kavuma ruled.
Speaking after the ruling Muzanira said she was very happy that court had arrived at a correct verdict.
“I’m so happy for this miracle of winning this petition; we were all worried but God is great, I’m appealing to the people of Rukungiri to start warming up. This time we should win with a very big margin,”
FDC secretary for mobilization, Ingrid Turinawe who contested but lost the party primaries to Muzanira said the struggle to reclaim their victory continues.
“We have so far deducted one MP [Nathan Nabeta] from the 317 who voted to lift age limits, today we want to confirm to Ugandans that we are going to deduct another one in a by-election and they will be 315 and we will continue to deduct from them until we deduct their boss and his bean weevils,” Turinawe said.
Panadol retains seat
Meanwhile, Iganga Municipality member of parliament, Peter Mugema Panadol is all smiles after the Court of Appeal confirmed him as the duly elected MP.
In a majority ruling of Justices, Steven Kavuma, Catherine Bamugemereire and Cheborion Barisaki, the court said the Jinja High court that had nullified the election of Mugema an independent but NRM leaning MP, erred when it reached a conclusion that Mugema had bribed people while campaigning.
Mugema was dragged to court by FDC’s Abed Nasser Mudiobole. Speaking to reporters after the ruling, Mugema said the court had upheld the verdict reached by the people of Iganga Municipality.
