The court of Appeal has upheld the lower court decision that nullified the election of FDC’s Apollo Kantinti as the Kyadondo East Constituency Member of Parliament.
Three justices; Richard Buteera, Cheborion Balishaki and Paul Mugamba have unanimously agreed with High Court Judge Henry Kaweesa that there was non-compliance of Electoral laws on the side of the Election Commission (EC) while conducting the said election which substantially affected the result in a substantial manner.
The justices ruled that after a careful re-evaluation of the evidence on record, they have also come to a conclusion that it was not clear on who won the Kyadondo East constituency election since results from 9 polling stations were not included in the final tally.
They added that in such a manner over 5000 voters were disfranchised when their cast votes were not given the same weight like others in the final tally.
The court of Appeal has since ordered the Electoral Commission to conduct fresh elections to fill the now vacant position.
NRM’s William Sitenda Sebalu contested Kantinti’s election in the High Court Kampala on grounds that the Electoral commission had conducted the said election in an improper manner.
Kantinti and the Electoral Commission having been dissatisfied with the High Court decision, petitioned the court of Appeal.
They have now been ordered to pay costs to Sebalu of both in the Court of Appeal and the High Court.