The Court of Appeal has reinstated NRM’s Annet Nyakecho as the validly elected Member of Parliament for Tororo North Constituency.
This after three justices, Deputy Chief Justice Steven Kavuma, Paul Mugamba and Alfonse Owiny-Dollo allowed Nyakecho’s appeal against a decision of Mbale High Court Judge Patricia Wasswa Basaza who had nullified her election on grounds that the said election was not conducted in compliance with the Uganda electoral laws.
In a unanimous ruling the justices ruled that there was no justifiable reason for Justice Basaza to cancel Nyakecho’s victory, since the results of Missionary of Hope Church and Kagoya polling stations that were not included, did not affect the result of the election in a substantial manner, as her rival FDC’s Geoffrey Ekanya had alleged.
The justices noted that the results from those two polling stations could not be included in the final tally because they had no Declaration Forms, while the ballot boxes containing the cast votes were also not sealed.
The court has now ordered that each party bears its costs since the cancellation of the said results was justifiable although it did not affect the result of the election as it never benefited any candidate.