Court of Appeal upholds MP Kamya’s victory
Mr Makumbi at court recently. Photo by Juliet Kigongo
KAMPALA- The Court of Appeal has upheld the victory of Mr Henry Kamya Makumbi as the duly elected Mityana South Member of Parliament.
Mr Richard Lumu (DP), had accused Mr Makumbi, a supporter of the ruling National Resistance Movement of having been illegally nominated by the Electoral Commission, because he had not resigned his position as a Resident District Commissioner (RDC), he was not a voter in the constituency and that the elections in which he was declared a winner where marred by irregularities.
But in their judgment; presiding justices Steven Kavuma, Alphonse Owiny-Dollo and Barishaki Cheborion, held that Mr Lumu’s petition was misconceived hence it has no merit as it was founded on an erroneous understanding of the legal requirements for eligibility for nomination.
“The appellant (Lumu) has failed to prove to the satisfaction of this honourable court that the respondents did not follow the electoral laws for the court to find a prema facie case.
“There is no section in the Parliamentary Election Act that stops somebody from vying for a parliamentary seat in an area where he is not a voter. It only requires one to be a registered voter for nomination as an MP and not necessarily to be a registered voter within the Constituency he is standing,” ruled the justices whose judgment was read by the registrar of the court, Mr Deo Nizeyimana.
“In conclusion, based on our findings on issues No. 1,2,4 and 5, the appeal substantially succeeds. The judgment and orders of the lower court partly stand. We make the following orders; he pays 1/3 of the total costs in the High court.”
The three judges also noted that Mr Kamya does not deserve to recover full costs because his lawyer, Mr Joseph Luzige abused his professional code of conduct by swearing an affidavit to appear as a witness on behalf of his client.
