The High Court in Mbale has today blocked efforts to recount the votes for the Kibuku constituency parliamentary elections, quashing farther the efforts by Jennipher Namuyangu, to overturn the results.
The court argues that an appeal for a vote recount has been overtaken by events.
Saleh Kamba, the MP Elect for Kibuku appealed to the High court, challenging a decision by the magistrate’s court in Pallisa to recount the votes.
Stephen Musota, the Mbale resident High court Judge, ruled in favour of Kamba. He argued that after studying the submissions made by counsels for both parties, the appeal should be upheld because it was presented before the right court.
Yusuf Mutembuli, Namuyangu’s lawyer, had challenged the rules of procedure for lodging an appeal, describing it as illogical. He also argued that Kamba’s appeal should be annulled with costs, because most of the issues were handled by the Pallisa chief magistrate’s court and there was no need again to appeal before the high court.
But Justice Musota, argued that the appeal was right and properly filed before the right court and court found no cause not to stay the appeal.
Namuyangu, had successfully applied for a vote recount at the chief magistrates court seeking to over turn the Feb 18 parliamentary elections, on grounds that in some areas of Kasasira, Dodoi, Bulangira, the number of votes were in excess of the number of voters on the register.
She also contends that the election officials did not duly sign the declaration forms.
But on March 11, the deputy registrar, issued an interim order, paving way for the hearing of an appeal made Kamba, who objected the chief magistrates decision for vote recount in Kibuku district.
Kamba was declared the winner after he polled 23,855 votes against his main challenger, Namuyangu’s 21,893 votes.
mbale high court