In her ruling Mariam Akello, the Ibanda Chief Magistrate dismissed the application, saying it didnt hold ground as it was based on mere sucipision. But Kyomyas lawyer said they were dissatisfied with the ruling and vowed to seek redress from Mbarara High Court.
The incumbent polled 21.365 votes representing 49.2 percent against Guma's 21.643 votes representing 49.93 percent in the February 18th polls. Kyooma rejected the poll results on grounds that the Electoral Commission officials were biased against him and harassment of his polling by security operatives.
He petitioned Ibanda Chief Magistrate's court on February 23rd for a vote recount. On Monday, Ronald Muhwezi, the lead counsel of Guma asked court to quash the application saying it was based on false grounds. Muhwezi told court that his client received declaration forms that were duly signed by the polling agents of Kyoma, an indication that they concurred with the poll results.
Kyoma's lawyers, Fred Ngaruye Ruhindi, Jamson Agaba and Collins Nuwagaba tried to defend the application in vain. They also submitted a list of 873 invalid votes that were registered in Ibanda North constituency reasoning that the number is too high compared to the winning margin of 288 votes
In her ruling Mariam Akello, the Ibanda Chief Magistrate dismissed the application, saying it didn't hold ground as it was based on mere suspicion. But Kyoma's lawyer said they were dissatisfied with the ruling and vowed to seek redress from Mbarara High Court. Both Kyoma and Guma were present in court during the ruling.