The court of Appeal has upheld the high court decision that nullified the election of FDC’s Apollo Kantinti as the Kyadondo East Constituency Member of Parliament.
Mid last year, High Court judge Isabirye Kaweesa, nullified Kantinti’s election and ordered the Electoral Commission to organise fresh elections in his constituency.
Justice Kaweesa while kicking out Kantinti out of Parliament, observed that there was non-compliance with election rules during the February 18 parliamentary elections that saw MP Kantinti declared winner.
The judge went on to fault the Wakiso District returning officer, Ms Sarah Bukirwa for disfranchising voters and also failing to secure custody of election materials.
The High Court ruling followed a successful petition by NRM’s William Sitenda Sebalu who was the runner up in the February 18 election and lost to Kantinti by a small margin of 326 votes.
Mr Sebalu had in his petition sued Kantinti, the Electoral Commission and Bukirwa for conniving to commit several election irregularities which he said affected the quality of the election in Kyadondo East in a substantial manner, hence the nullification of the same by the court.
But being dissatisfied with the ruling of the High Court, Mr Kantinti appealed against the same before the Court of Appeal that will determine his appeal today.
Three justices ; Richard Buteera, Cheborion Balishaki and Paul Mugamba have unanimously agreed with High court Judge Henry Kaweesa that there was non-compliance of Electoral laws on the side of the Electoral Commission while conducting the said election which affected the result in a substantial manner.
The justices have ruled that after a careful re-evaluation of the evidence on record, they have also come to a conclusion that it was not clear exactly who won the Kyadondo East constituency election since results from 9 polling stations were not included in the final tally.
They added that because of this, over 5000 voters were disenfranchised when their cast votes were not given the same weight like others in the final tally.
The court of Appeal has now ordered the EC to conduct fresh elections.
The court also ordered that Sebalu be paid costs of both the Court of Appeal and the High court.