Justice Stephen Kavuma and two other judges of the Court of Appeal have unanimously dismissed with costs the election appeal which was filed by Democratic Party’s Richard Lumu, challenging Mityana High Court decision to uphold NRMs Henry Kamya Makumbi as the validly elected area Member of Parliament
Lumu had petitioned court seeking to nullify the election of Makumbi on grounds that he was not legally nominated by the Electoral Commission, having failed to resign his position as a Resident District Commissioner (RDC), he was not a voter in the constituency and that the elections in which he was declared a winner where full of irregularities.
Judges Stephen Kavuma, Cheborion Balishaki and Aliphonse Owinyi Dollo in their ruling read by the Deputy Court Registrar Deo Nzeyimana, pointed out that it was Lumu’s burden to prove to court that Makumbi did not resign his position before being nominated but he couldn’t.
“The appellant failed to prove to the satisfaction of this honourable court that the respondents didn’t follow the electoral laws for the court to find a prema facie case,” the judges ruled.
On whether or not Makumbi was not a registered voter in Mityana South, the judges ruled that there is no section in the Parliamentary Election Act that stops somebody from vying for a parliamentary seat in an area where he is not a voter.
The judges therefor dismissed the appeal and ordered Makumbi to meet all costs in both courts.
The judgement was read in the absence of Hon Makumbi whi is said to be abroad on official duties.
His supporters however, filled the court and erupted in celebration after the ruling.
Lumu on the other hand didn’t make any official comment after this judgement. He was heard telling his supporters that he didn’t expect much from this court.