High Court Judge Justice Vincent Okwang has dismissed the petition in which former Kampala RCC Aisha Kabanda Nalule, who contested on the NRM ticket for the Butambala Woman MP seat, challenged the election results where her rival Lydia Mirembe was declared a winner.
Kabanda rushed to the court seeking nullification of Mirembe’s victory and an order for fresh polls.
In the application, Kabanda faulted Mirembe and the Electoral commission for abusing of election laws through voter bribery by Lydia Mirembe as well as Voters’ disenfranchising by the EC.
She claimed that in some parts, voting was closed before time and incompetent people were deployed as Presiding officers and Polling Asistants which affected the results.
Aisha Kabanda addressing her supporters at court
In his judgment however, the trial judge pointed out that the applicant failed to provide court with substantial evidence to prove her allegations and thereby dismissed her petition with costs.
Kabanda through witnesses had told court that most of her voters were at Kitumba A polling station which closed before 4pm.
She also accused Mirembe of luring voters with plates, wheel barrows and money. The judge however overruled Kabanda saying that she failed to prove the matter beyond reasonable doubt.
The judge blamed the applicant for failure to produce the hoes and was unhappy with the mention of
Mirembe’s husband in the matter yet he is not among the parties sued.
However, upon the judgment, Kabanda’ Lawyer Frank Kanduho informed court that they were
not satisfied with the judgment and would appeal in the shortest period possible.
“It looks like the judgment was done by two judges or the trial judge contradicted himself by dismissing the case with costs and at the same time awarding certificate to the petitioner’s counsels” Kanduho
submitted.
Lydia Mirembe who was welcomed outside court by her supporters, promised to defeat Kabanda even in the court of appeal because she is the real choice of Butambala people.
On her part, Kabanda urged her supporters to return to their work as they await the ruling of the court of appeal.