The Court of Appeal has upheld the Masaka High Court decision which confirmed DP’s Mary Babirye Kabanda as the validly elected Masaka district woman MP.
Three justices Remmy Kasule, Richard Buteera and Elizabeth Musoke unanimously concured with trial judge Michael Elubu that the allegation against Babirye that she bribed voters, falsified electoral results and ballot stuffing were not proved.
Babirye defeated NRM’s Freda Mubanda and FDC ‘s Nakijoba.
The justices ruled that Mubanda failed to adduce sufficient evidence that on the polling day of Feb 18, 2016, MP Babirye through her agents distributed salt, money, exercise books and sugar in order to vote for her. The court also faulted Mubanda for failing to bring the said items to court as exbhits.
On the allegation of falsification of results, the justices held that Mubanda didn’t bring any evidence of Results Declaration Forms which had contradictory figures to those that the Electoral Commission issued to the candidates.
They therefore hailed Justice Elubu for applying the required standards of proof in adjudicating election matters and noted that they found no reason to interfere with his judgement.
The justices have now ordered Mubanda to pay Babirye costs of this petition both in this Court of Appeal and the lower court.’