Three Court of Appeal judges led by outgoing Deputy Chief Justice Stephen Kavuma have nullified the election of Nansana Municipality MP Wakayima Musoke Nsereko (DP) and declared NRM’s Robert Kasule as the duly elected MP of the area.
Judges Hellen Obura, Cheburion Bulshaki and Stephen Kavuma unanimously dismissed Wakayima’s Appeal after confirming High Court’s decision that the Electoral Commission erred when it nominated Wakayima, yet he lacked the minimum qualifications.
The court also found that Wakayima was not a registered voter of Nansana Municipality.
In the ruling read by Deputy Registrar Deo Nzeyimana, the judges faulted Wakayima for changing his names without following the legal procedures after which he didn’t make efforts to explain the variations.
The judges proceeded to uphold the High Court decision that there was noncompliance with the electoral laws when the EC accepted the results from 24 polling stations from a candidate and didn’t take up the initiative to verify their authenticity by comparing them with those of other candidate.
The appellant court straight away declared Musoke as the election winner without ordering for fresh elections.
Wakayima was also ordered to pay for costs of this whole matter starting from the lower court and also to pay both Counsels.
Security by publication time was still tight at the court as Wakayima’s supporters raged outside waiting for Kasule who was still holed up inside court.