Mukono High Court has upheld the election of James Mulindwa as the Kasawo Town Council LC3 Chairperson James dismissing the petition filed challenging his nomination by Andrew Kaddu Kabugo.
Kabugo who contested for the same position under the National Resistance Movement and polled 1396 votes petitioned court seeking nullification of the election on grounds that the declared winner, Mulindwa (Independent) who got 1473 votes is not ordinarily a resident of Kasawo Town Council.
Kabugo through his lawyer Isaac Natala also accused the Electoral Commission-EC for permitting residents of Kitale- Busia (A-M) and Kitale Busia (N-Z) to vote during the Kasawo Town Council election and yet the two polling stations belonged to Namuganga sub county.
He also claimed that EC’s illegalities affected the election outcome in a substantial manner before asking court to declare him winner of the election.
However, Mulindwa through his lawyer Hannington Mutebi demonstrated before court that he was a resident in Kasawo Town Council by presenting copies of his National ID card, declaration of income and assets was attached listing land and buildings situated in Kasawo which are owned by him including a matrimonial home.
EC’s Lawyer Anthony Muhweezi and Mukono District Returning Officer Mark Muganzi Mayanja established before court that that the polling stations were part of Kasawo developed and confirmed by the Chief Administrative Officer and the District Planner of Mukono District on September, 1, 2020 on top of the list of polling station being published in newspaper.
Muhweezi presented a copy of the Packing List for Kasawo Town Council dated 25th November, 25, 2020, listing the contested polling stations under Kasawo. He also indicated that the petitioner on the polling day, appointed agents who witnessed the voting exercise and signed the DR Forms.
In her ruling Justice Olive Kazaarwe Mukwaya notes that evidence relied on by the petitioner was undated and the context of its creation was not ably explained to amount to proof.
“I find that everything which was done by the EC was executed in a transparent and timely manner within the ambit of the law. … as rightly observed by Counsel for the EC, no such complaints were made. Instead, the Petitioner sent Polling agents to Kitale Busia and was able to garner a total of 80 votes. A demonstration that he was aware of the existence of the polling stations and benefited from their existence.” The judgement indicates in parts.
In her finding, Lady Justice Mukwaya indicate that the Petitioner has failed to discharge the burden of proof to the required standard. The unrefuted evidence before court is that Kitale Busia[A-M] and Kitale Busia [N-Z] formed part of Kasawo Town Council electoral area.
“Mulindwa, who is a resident of Kitale Busia, was rightly nominated to participate in the election where he emerged the winner. The rest of the issues are therefore rendered moot. In conclusion, I find that the election for LCIII Chairperson Kasawo Town Council was conducted in compliance with the relevant electoral laws. This Petition is accordingly dismissed with costs to the respondents.” Lady Justice Mukwaya ruled.
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