Butambala County MP Faisal Kikulukunyu has lost an appeal he filed challenging a High Court ruling that nullified his February 2011 election victory.
In a two to one majority ruling, the judges of the Court of Appeal concurred with High Court Judge Kibuuka Musoke who on October 13, 2011 ruled that the Butambala election was mired with numerous electoral malpractices committed by Faisal Kikulukunyu.
Justice Kibuuka Musoke had ruled that there was sufficient evidence to prove that Kikulukunyu bribed voters by buying for them steamers, footballs, and cosmetics leaving court with no option but to nullify the results.
Justices Stella Arach Amoko and Remmy Kasule could not fault the High Court judge upon scrutinizing the evidence adduced by Kikulukunyu’s rival, Muhammed Muwanga Kivumbi of the Democratic Party.
Subsequently, the court has ordered Electoral Commission to organize fresh elections in Butambala County.
Justice Steven Kavuma had, however, favoured Kikulukunyu‘s stay in Parliament but the other Justices Arach Amoko and Kasule ruled otherwise.
Justice Kavuma stated that the evidence adduced by Kivumbi was lacking, dismissing it as ‘accomplices’ evidence which must be taken with caution’.
He concluded that such evidence to stand should have been collaborated with independent evidence, which was not done.
But the other two justices held that the trial judge properly evaluated the evidence put before him reaching the right decision of throwing out Kikulukunyu out of parliament.
Kikulukunyu, a member of the ruling NRM party won the 2011 parliamentary elections with 13,188 votes against Kivumbi’s 12,453 votes.
Kikulukunyu’s victory was however, successfully challenged in court.The MP was jointly sued with the Electoral Commission. Kivumbi accused the commission of having failed to restrain Kikulukunyu from carrying out illegal activities during the campaign period leading up to the February 18th general elections.
In his petition, accompanied by more than 30 affidavits, Kivumbi argued that Kikulukunyu offered registered voters various incentives including money, cosmetics, steamers, foodstuffs, cows and footballs, with a view to influencing them to vote for him.
After the October 13th ruling, Kikulukunyu appealedleading to today’s judgment.
