The Court of Appeal has upheld a lower court decision that nullified the election of FDC’s Apollo Kantinti as Kyadondo East Constituency Member of Parliament (MP).
Justices Richard Buteera, Cheborion Balishaki and Paul Mugamba have unanimously agreed with High Court Judge Henry Kaweesa that there was non-compliance with the electoral laws by the Electoral Commission (EC), while conducting the said election, which substantially 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 who won the Kyadondo East constituency election since results from nine polling stations were not included in the final tally.
They added that over 5000 voters were defranchised 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 to fill the now vacant position.
NRM’s Sitenda Sebalu contested Kantinti’s election in the High Court Kampala on grounds that the Electoral commission had conducted the said election in an improper manner.