In the ruling Nathan Igeme Nabeta was ordered to immediately vacate the seat and court declared Paul Mwiru the winner
The Jinja East Member of Parliament Nathan Igeme Nabeta (NRM) lost his seat to Paul Mwiru of FDC.
This was decided in a court ruling at the Jinja High Court on Monday by Alex Mackey Ajui the deputy High Court civil division registrar.
In his ruling Nabeta was unlawfully declared the winner. He explained that at Danida A–D polling station where Nabeta’s brother Sulamain Bansia was the returning officer, results were fabricated.
At the polling station in question, Nabeta polled 187 votes while Mwiru polled 226 votes but instead the former was declared the winner with a total of 507 votes.
Ajui also wondered how a polling station with 400 registered voters could have results where the winner polled 507 votes.
“I have noticed that these results were fabricated by the returning officer who happens to be a brother of Nabeta. After tallying the results he fabricated the results on the declaration forms,” he noted.
Mwiru who was in court during judgment was represented by Medard Ssegona of Lukwago and Company Advocates and Caleb Alaka of Alaka and Company Advocates, Edward Kyeyago of R. Nsubuga and Co. Advocates while Nabeta was represented by Ambrose Tebyasa and Tom Okyaya of Kiwanika, Kalugaye Company Advocates.
The Electoral Commission was represented by Musa Ssekana.
In the ruling Nabeta was ordered to immediately vacate the seat and court declared Mwiru the winner of the election.
“I expect you the first respondent to immediately vacate the parliamentary seat because you were unlawfully declared the winner in the election and Mwiru should take over because he truly won the election,” he noted.
However in his judgment he ordered Nabeta and the Electoral Commission to pay costs spent in the case to the petitioner Mwiru.
Nabeta’s lawyers vowed to appeal the ruling.