Judge dismisses Isingiro vote recount case

Mar 30, 2011

THE MP-elect for Isingiro North and animal husbandry state minister, Lt. Col. Bright Rwamirama, has defeated his opponent, Dr. Posiano Mugyenyi, in a vote recount.

By Fred Turyakira

THE MP-elect for Isingiro North and animal husbandry state minister, Lt. Col. Bright Rwamirama, has defeated his opponent, Dr. Posiano Mugyenyi, in a vote recount.

Mugyenyi (independent) dragged Rwamirama and the Electoral Commission (EC) to Mbarara Court, seeking a vote recount.

The court, presided over by Chief Magistrate Phillip Odoki, dismissed Mugyenyi’s application of a re-filed affidavit.

On March 11, Mugyenyi re-filed an affidavit to rectify the errors in the first one.

However, the lawyers of both Rwamirama and the EC challenged the application, noting that Mugyenyi had already been cross-examined and allowing the second affidavit would not cure the errors. They asked the chief magistrate to dismiss it with costs.

It was found that there were errors in the affidavit as it showed that it was prepared both in Kampala and in Mbarara and was filed without leave of the court.

Passing the judgment, Odoki said re-filing the rejoinder affidavit after Mugyenyi had been cross-examined in court on the first affidavit was prejudicial.

The lawyers of Rwamirama and the EC also asked the chief magistrate to dismiss the application for the vote recount, arguing that the applicant did not show cause for the recount.

“The decision to apply for the recount must be done promptly without delay after the returning officer has declared the winning candidate.

“Mugyenyi kept quiet and filed an application after nine days, which is later than the mandated seven days,” they added.

The EC lawyer said Mugyenyi lied to the court that invalid votes were also recorded by his agents.

The case was adjourned to Saturday, when further submissions by Mugyenyi’s lawyer will be made.

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