Three Court of Appeal judges led by former Deputy Justice Steven Kavuma have declared Jinja East Parliamentary seat vacant and ordered the Electoral commission to organize fresh Elections.
The seat was occupied by Hon Nathan Igeme Nabeta (NRM) who petitioned the appellant court following the nullification of his election by the Jinja High Court in favour of his contender and FDC’s Paul Mwiru.
In the judgement read by deputy registrar Court of Appeal Tadeo Asiimwe, the three judges Paul Mugamba, Richard Buteera and Steven Kavuma agreed with the decisions of High Court Judge Lydia Mugambe, who nullified the results of Danida A to D polling station results which were allegedly tampered with.
The judges pointed out that there was no way Nabeeta’s victory could be based on results which were not declared in accordance to Parliamentary Elections laws and that this was confessed to by the District Returning officer himself.
“Section 58 of the Parliamentary Elections Act clearly states that the envelope containing results must be opened by the Returning Officer but in this case it was not done in accordance with the law”
The Court also has faulted the Electoral commission for failing to carry out its legal mandate of organizing free and fair elections.
Addressing the press after court, FDC’s Paul has vowed to return to the battle field and fight to take the seat.