The 3 Justices of the Court of Appeal, Steven Kavuma, Elizabeth Musoke and Paul Mugamba have declined to declare DP’s Emmanuel Musoke as the Kalungu District LC5 Chairperson and ordered the Electoral Commission to organize fresh elections.
The election was won by NRMs Richard Kyabaggu, but challenged by DP’s Musoke who also wanted court to declare him winner.
The judges in their Tuesday ruling concurred with Masaka High Court Judge Lawrence Gidudu that the credibility of the Declaration of Result Forms (DR Forms) based on to declare Musoke as the winner were questionable
One of the grounds for dismissal of Musoke’s appeal was that the DR Forms which Musoke attached were not certified by the Electoral Commission and therefore it was hard for court to rely on them.
After analysing the evidence on record, the judges nullified the election of Musoke after dismissing Kyabaggu’s petition with costs
In August 2016, Justice Lawrence Gidudu ruled that DP’s Musoke was denied victory by the National Electoral body which declared his rival Kyabagu as winner after falsifying declaration of results forms in four polling stations; Kulamaga, Kitawuluzi, Yesu Akwagala and Bugomola polling station. It ordered a by-election, which Musoke challenged in the higher court, seeking to be declared winner instead.