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Mawanda election petition judgment set

By Aloysius Byamukama

Added 29th September 2016 11:43 AM

Mawanda who had been MP for the area for one term, decided to contest as an independent, after losing to Martial in the NRM primaries, but still lost in the general elections after polling 15091 votes to Martial's 15983 in a close contest.

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Bushenyi DPC Daniel Katwesiime in the dock witnessing for the EC in the final hearing session on August 21

Mawanda who had been MP for the area for one term, decided to contest as an independent, after losing to Martial in the NRM primaries, but still lost in the general elections after polling 15091 votes to Martial's 15983 in a close contest.

The High Court of Mbarara will deliver the final ruling in the election petition filed by former Igara East MP Michael Mawanda Maranga against Andrew Martial.The hearing that started on May 23 before Lady Justice Dr Winfred Nabisinde, had several adjournments but finally came a conclusion on August 22, before Nabisinde set the ruling date.

On the day the final hearing was made, Justice Nabisinde had to even extend the hearing to Sunday so as to be able to make a conclusion of the case that had seemed to be taking long to conclude.But even then, 7 Andrew Martial witnesses and 20 of the Electoral Commission could not appear in the witness stand, but Justice Nabisinde ruled that their affidavits be maintained and referred to with caution, even when Mawanda's counsel had requested that they are expunged.

 

Mawanda who had been MP for the area for one term, decided to contest as an independent, after losing to Martial in the NRM primaries, but still lost in the general elections after polling 15091 votes to Martial's 15983 in a close contest.

However, he contested the results, sighting irregularities in the voting, tallying and announcing of results like arithmetic variations on the result declaration forms, creation of non gazetted polling stations, ballot stuffing, intimidation, defamation by agents of his opponent and bribery, which he said influenced the outcome of the polling exercise.

Two of the Electoral Commission witnesses including Bushenyi District Police Commander (DPC) SP Daniel Katwesiime and Bushenyi Electoral Commission returning officer Godfrey Mbabazi,testified in court.

Answering questions relating to the arithmetic variations on several result declaration forms, Mbabazi admitted they were errors by the electoral officials at the said polling stations.

  awanda counsel wen urangira and his collegueas prepare to serve artials lead counsel ichard webembezi as ndrew artial standing behind and others look on Mawanda counsel Owen Murangira and his collegueas, prepare to serve Martial's lead counsel Richard Mwebembezi, as Andrew Martial (standing behind) and others look on

 

The copies of the 29 polling stations in question, were then tendered in as evidence with no objection from the Electoral Commission counsel

The Mawanda Vs Martial petition ruling will be the last of the 6 petitions that were tendered in at the Mbarara High Court.

The 5 of the 6 dismissed petitions include that of Vincent Kyamadidi against Ngabirano in Rwampara, Odo Tayebwa Vs Gordon Arinda in Bushenyi-Ishaka Municipality, Titus Turiyo against Stephen Kangwagye in Bukanga, Moses Bainamatsiko Vs Rev Samuel Mugisha Katugunda in the Kiruhura LCV and Paul Kahigi Vs Jaffer Bassajjabalaba.

 

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