HomeJUDICIARYCourt Throws out the Election Petition Against Kashongi Member of Parliament.

Court Throws out the Election Petition Against Kashongi Member of Parliament.

By Devine Atwine,

Mbarara.

The High court in Mbarara has thrown out the election petition against Tayebwa Herbert Musasizi, a member of parliament representing Kashongi county, Kiruhura District.

The ruling made, Tuesday evening 31st confirmed that the petitioner was not validly nominated since his nomination papers did not bear names and signatures of a minimum of ten persons who were registered voters to support his nomination as required by section 11(1)(c) of the parliamentary election act.

According to the ruling, out of ten signatures required, only nine signatures were submitted to the electoral commission, the second respondent and that one person refused to affix his signature on the nomination paper of the petitioner. 

Part of the ruling states “The failure by the person to affix his signature on the nomination paper further implies that the village of residence, occupation and personal voter registration details attributed to the said persons could not be relied on”. 

It also stated that “on account of the petitioner’s failure to raise the ten names and signatures of persons supporting his nomination, he was not duly nominated for the Kashongi county. The purported nomination was void in terms of section 13 of the act and all the subsequent actions including his candidacy were a nullity”.

Tayebwa Herbert Musasizi,MPKashongi County who won the election petition case

The election was held on 14th January 2021 and Tayebwa who pulled 7,790 votes declared a winner while Tumuramye pulled only 7,500 votes.

Tumuramye Genensio, former Kashongi county member of parliament was the one challenging the election of Tayebwa Herbert Musasizi, the MP representing Kashongi in the eleventh parliament.

The petition filed by Tumuramye seeks a declaration that the election was conducted in non-compliance with the electoral laws and principles governing the elections.

In the case that appeared before Justice Moses Kazibwe Kawumi, the petitioner asked the court to either declare him a winner or order the electoral commission “the second respondent” to hold fresh elections for Kashongi County, Kiruhura District which the court denied.

Kandeebe Ntambirweki, the legal counsel of Tayebwa, told New Vision that the petitioner lacks the locus stand to challenge the results of the election held on 14th January 2021 since he was not a validly nominated candidate for Kashongi County.

However, Tumuramye and his legal team refused to make any comment.

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