Mbagadhi petitioned the court of appeal after Justice Eladard Mwangushya nullified his victory following a petition filed by his rival Dr. Frank Nabwiso.
The court of appeal has reinstated the election victory of Fred Mbagadhi Nkayi, the incumbent Kagoma County Member of parliament. Mbagadhi petitioned the court of appeal after Justice Eladard Mwangushya nullified his victory following a petition filed by his rival Dr. Frank Nabwiso. In his petition, Nabwiso challenged the election of Mbagadhi citing the failure by the presiding officers to sign the declaration forms, ballot stuffing and the participation of none registered voters in the elections.
Justice Eldard Mwangushy concurred with the petitioner saying that election didn’t comply with the electoral laws.
He nullified the election of Mbagadhi and ordered electoral commission to conduct fresh polls. Mbagadhi rejected the high court ruling and petitioned the court of appeal.
This morning, the court of appeal judges Alice Mpagi Bahigeine, the deputy chief Justice, Constance Byamugisha and Remy Kasule over turned the high court ruling and reinstated Mbagadhi. They argued that there was no sufficient to warrant the nullification of the poll results, adding that the elections were held in accordance with the law.
They also argued that the contested declaration forms were genuine despite the fact that they were not signed. Speaking to URN, shortly after the court ruling, Nabwiso said that he was shocked with the ruling. He said the ruling had by implication allowed electoral commission to carry out electoral malpractices.
Nabwiso said that ruling has denied the voters of Kagoma County a chance to hold free and fair elections. The court of appeal is the final appellant court for election petitions.
high court of appeal ruling
kagoma constituency ruling
fred mbagadhi nkayi winner of 2011 parliamentary election