Court upholds MP Muzanira victory

KABALE. The High Court in Kabale has dismissed an election petition filed by former Rukungiri Woman MP Winfred Komuhangi Masiko against Ms Betty Muzanira, who won the May 31, 2018 by-election.

Ms Masiko petitioned High Court on July 9 seeking nullification of the victory of Ms Muzanira, claiming the electoral process was marred with irregularities.

She wanted the court to order for a fresh election.

Ms Muzanira, who contested on Forum for Democratic Change (FDC) party ticket, polled 50,611 votes while Ms Masiko, who was under National Resistance Movement, got 46,379 votes. Ms Sezi Mbaguta, who contested on Independent ticket, got 993 votes and Ms Fabith Kukundakwe of the People’s Progressive Party polled 183 votes. The High Court, which was presided over by Justice Moses Kazibwe, started hearing the petition on February 4.

While delivering the judgment on Friday, he said: “Court evaluated the petition and the evidence presented lacked merit. I hereby dismiss the petition with no costs.”

Ms Masiko was represented by lawyers Justus Karuhanga and Edwin Tabaro, while Mr Jude Byamukama represented Ms Muzanira.
Mr Patrick Wetaka represented the Electoral Commission.

Ms Masiko on February 12 testified in court that she reported to police and the Electoral Commission five complaints of harassment and intimidation of her supporters during campaigns and on voting day by some members of the Opposition that were picked from different parts of the country.

She claimed some of her voters were blocked from voting.

Other witnesses, including Mr Emmanuel Mucunguzi, and Mr Eliot Twijukye testified that the electoral process was not free and fair.

Ms Muzanira said after the court ruling that her win was God’s plan and that the election petition was malicious.
“I thank God for having prevailed over this matter and I thank the people of Rukungiri that voted me into office and kept praying for me during the court process until today when the court issued judgment in my favour. Thank you God,” Ms Muzanira said.

Ms Masiko could not be reached to comment on the verdict.

Her lawyers, however, said they would study the judgment together with her and decide whether to appeal or not.

BACKGROUND
The by-election came after Ms Muzanira, who lost to Ms Masiko in 2016 petitioned court claiming the NRM candidate bribed voters. She also wanted recount of votes cast at some of the polling stations.

However, Ms Muzanira’s petition was dismissed by high court in Kabale. She appealed and the Court of Appeal on March 22, 2018 nullified the election after it found Ms Masiko guilty of giving donations during the election campaigns, and ordered the EC to organize a fresh one.