Court of Appeal sitting in Kampala has dismissed with costs an appeal filed by Simon Peter Kinyera, challenging the decision of High Court judge Atwooki Rugadya in which he declared Taban Idi Amin as a validly elected member of Parliament for Kibanda North constituency
“We find that the appeal lacks merit and dismiss it with costs,” the judges ruled.
In their unanimous judgement, these concurred with the lower court that the petitioner failed to prove that all the people who supported his petition were voters.
It was established that the petitioner failed to provide their identity cards or attaching pages of the voter’s register containing their names.
The judges pointed out that section 60 (2) (b) of Parliamentary Election Act says that supporting signatures of Parliamentary election petition must be of registered voters of the area
“The burden of proof in an election petition Appeal ordinarily lies upon the contestant to prove to the satisfaction of court the grounds upon which he relies to get the elections nullified.”
This judgement was read by His Worship Agness Nkonge the Registrar court of Appeal
Although Kinyera was in court, he never commented about the court’s decision.
Kinyera lodged this appeal in court challenging Masindi High court Judge Rugadya Atwooki’s decision in which he sustained a preliminary objection by Taban Idi Amin that the petition was incompetent since the petitioner never brought proof and his signatories that they are all registered voters as required by law and thereby it was dismissed with costs which he didn’t agree with.