Pader court hears Aruu County parliamentary petition

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The Chief Magistrate’s Court in Uganda's northern district of Pader on Thursday (January 22) heard an election petition for a mandatory vote recount filed by former Aruu County Member of Parliament Samuel Odonga Otto.

Otto, who is seeking a parliamentary comeback, contested as an independent candidate. 

He sought the recount after he lost the election by a difference of 26 votes to incumbent MP Christopher Komakech, a son of the late former Deputy Inspector General of Police, Maj. Gen. Paul Lokech.

Section 54 of the Parliamentary Elections Act 2005 (as amended) provides for a mandatory vote recount when two or more candidates are separated by less than 50 votes.

In his application, Otto sued the Electoral Commission, the Pader district returning officer, Dr Eric Gimie, and MP-elect Komakech.

The application is brought under Section 74 of the Parliamentary Elections Act, Cap 177, and Order 52, Rules 1 and 3 of the Civil Procedure Rules outlined in Statutory Instrument 282 – 1.

Court documents signed by Pader district Chief Magistrate Martin Kirya granted the application and fixed it for hearing on January 22.

A letter bearing the signature and seal of the magistrate states that the grounds for the application have been supported by affidavits of the applicant Otto, Moses Odong, Vincent Okwera Omona, Pavio Ojok Kilama, Charles Otto Lalobo and Alfred Peter Okello.

The application sought three orders from court: a recount of the votes of the January 15 parliamentary election, supervision of the recount by court and costs of the application.

According to the final tally declared by the district returning officer, Komakech polled 10,455 votes against Otto’s 10,429 votes.

Otto’s application alleges that were numerous irregularities during the voting and counting process in various polling stations, which affected the accuracy of the final results.

It also says several votes clearly ticked in favour of the applicant were declared as invalid at the time of counting and tallying on the grounds that the biometric voter verification kit scanner had failed to recognize them.

"It is just, fair and equitable that this honourable court orders a recount to ascertain the true results and will of the people of Aruu County constituency," reads Otto's application, which is dated January 19 and filed on January 20.