The Court of Appeal has re-instated NRM’s Annet Nyakecho as the validly elected MP for Tororo North Constituency.
The High Court in Mbale ordered NRM’s Annet Nyakecho out of Parliament, citing failure by the Electoral Commission to count votes from some polling stations in Tororo North constituency.
Justice Patricia Waswa Basaza ruled that the EC had failed to prove to court why they did not count the votes from Mission Church and Pagoya polling stations in Kamuli parish, Mukuju Sub-county.
Nyakecho was re-instated after 3 justices; Deputy Chief Justice Steven Kavuma, Paul Mugamba and Alfonse Owiny-Dollo, allowed Nyakecho’s appeal against the decision of Mbale High Court which had nullified her election on grounds that the said election was not conducted in compliance with electoral laws.
The election loser, Mr Geofrey Ekanya (FDC), had petitioned the court on grounds that the EC cancelled the results of two polling stations, which he claimed were his strongholds. Ms Nyakecho polled 8,911 votes against Mr Ekanya’s 8,822 votes.
The justices in their unanimous ruling read by the Deputy Registrar Deo Nzeyimana said the results in the two contentious polling stations that were not included did not affect the result of the election in any substantial manner as her rival Geoffrey Ekanya had alleged.
The justices overturned the High Court decision for the Electoral Commission to conduct a by-election and instead confirmed Nyakecho as the Tororo North Constituency MP but ordered that each party bears its own costs.