By; Charles Katabalwa
Three Court of Appeal judges led by outgoing Deputy Chief Justice Stephen Kavuma have nullified the election of Nansana Municipality MP Wakayima Musoke Nsereko (DP) and declared NRM’s Robert Kasule as the duly elected MP of the area.
Judges Hellen Obura, Cheburion Bulshaki and Stephen Kavuma unanimously dismissed Wakayima’s Appeal after confirming High Court’s decision taken by Justice Vincent Okwanga that the Electoral Commission erred when it nominated Wakayima, yet he lacked the minimum qualifications.
The court also found that Wakayima a member of the Democratic Party was not a registered voter of Nansana Municipality.
In the ruling read by Deputy Registrar Deo Nzeyimana, the judges faulted Wakayima for changing his names without following the legal procedures after which he didn’t make efforts to explain the variations.
Wakayima was also ordered to pay for costs of this whole matter starting from the lower court and also to pay both Counsels. In his speech he promised to consult his lawyers on the next step although in the Member of Parliament election petition the court of appeal is the final one.
Musoke, the Democratic Party (DP) candidate, had been declared the winner of the Nansana Municipality parliamentary seat with 25,053 votes ahead of Ssebunya’s 23,415.
But Ssebunya, a member of the ruling National Resistance Movement-NRM party petitioned court disputing the results on grounds that the election did not comply with electoral laws and asked the court to declare him the victor. He also accused Wakiso district returning officer, Sarah Bukirwa, of irregularly cancelling results from 24 polling stations with a total number of 7,239 voters.
Kibirige Ssebunya who was declared as the new MP for Nansana municipality described the ruling as a precedent.
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