Rukungiri Woman MP loser petitions court
Petitioner Ms Betty Muzanira and Ms Winfred Masiko
RUKUNGIRI. Ms Betty Muzanira of the Forum for Democratic Change (FDC) party, who contested for Rukungiri district Woman MP seat, has petitioned the High Court to nullify the election of her rival Winfred Masiko Komuhangi.
Ms Muzanira is seeking a vote recount or an order for fresh elections alleging there were gross illegalities committed and that Ms Masiko was not validly elected.
Ms Masiko is sued together with the Returning Officer for Rukungiri district and the Electoral Commission who are referred to in the petition as first, second and third respondents respectively.
Ms Muzanira’s lawyers of Mugalula and Omalla Advocates filed the petition on April 3 in Kabale High Court. Ms Muzanira alleges that cancelled results were included on the final tally sheets; failure to include declared results on the final tally sheets; transportation of polling materials by non-polling officials affiliated to Ms Masiko and that Ms Masiko bribed voters; results announced by Rukungiri district returning officer differed from what was declared in the national gazette. She also alleges arrest of her agents during the voting period.
“The irregularities mentioned above affected the final election results and court should declare that Ms Masiko committed an illegal practice during the campaign period and was not therefore validly elected as a Woman Member of Parliament for Rukungiri district. Her election should be annulled and a fresh one be conducted in the said district…” Ms Muzanira prays in the petition.
Ms Muzanira wants the respondents to pay her costs of the suit.
The petition claims that a copy of the national gazette shows that Ms Betty Muzanira got 57,812 votes (48.3 per cent) and Ms Winfred Masiko 61,561 votes (51.6 per cent) but on the contrary, the declaration forms signed by Rukungiri district returning officer shows that Ms Masiko got 58,994 votes while Ms Muzanira got 54,966 votes.
On April 4, Ms Agatonica Mbabazi, on behalf of Kabale High Court registrar, notified the EC and Ms Masiko to respond to the petition.
“Take notice that a petition by Betty Muzanira was filed in the High Court of Uganda at Kabale challenging the respondent Ms Winfred Masiko as a validly elected Woman MP for Rukungiri District. You are hereby required to file your answer to the petition within 10 days from the date of service. Should you fail to file your answer as herein directed court shall proceed to hear the same and deliver judgment in your absence,” the notice reads in part.
When contacted, Ms Masiko said: “I have received the petition and I am ready to file in my defence with my lawyers.”
The EC spokesman Mr Jotham Taremwa said they had not received the court notice but would respond once they did.
Background
On February 29 Rukungiri Chief Magistrates Court dismissed with costs an application by Ms Betty Muzanira to have votes for Rukungiri Woman MP seat recounted. Ms Muzanira had petitioned the court accusing the EC of committing errors during the announcement of the results and in the results declaration forms.
