Kabanda had accused the trial judge of failing to consider the evidence on bribery and other aspects of non-compliance with the electoral law
The Court of Appeal has dismissed an election petition appeal by Aisha Nalule Kabanda and confirmed Lydia Daphine Mirembe as the validly elected woman Member of Parliament (MP) for Butambala district.
Kabanda, a former contender for the seat, had sought to unseat Mirembe, advancing nine grounds in which she accused the High Court trial judge of failure to exhaustively scrutinizing the evidence as a whole, thereby causing a travesty of justice.
She had also accused the trial judge of failing to consider the evidence on bribery and other aspects of non-compliance with the electoral law and; thereby reached a decision that occasioned a miscarriage of justice.
However, the Court of Appeal exonerated High Court judge Vincent Okwanga of any wrong judgment.
Justice emeritus Steven Kavuma led the Coram. The other members were Justices Remmy Kasule and Geoffrey Kiryabwire.
“We are satisfied that on the evidence available on record, we are satisfied that the trial judge evaluated the evidence that was before him properly and reached the right decision. The burden was on the appellant to prove her case to the satisfaction of court by adducing sufficient evidence to the end, but failed to do so,” the court ruled.
In exonerating the trial judge of any miscarriage of justice, the court agreed with Geoffrey Kandeebe Ntambirweki, representing Mirembe and the Electoral Commission, as respondent, when he pointed out that the appellant had failed to show court concrete evidence of bribery apart from simply pleading it in her evidence.
The court also agreed with Kandeebe that without being granted permission, the appellant had amended the grounds of appeal instead of sticking to those that she had set forth in the original memorandum of appeal.
The court further agreed with Kandeebe’s submissions that the trial court was right to reject the appellant’s evidence on bribery issues, saying that appellant was not consistent in his evidence and had failed to satisfy court on the evidence.
Frank Kanduho represented the appellant.
Kabanda nad Mirembe were candicdates in the election for the woman MP for Butambala District that took place on February 18, 2016. Mirembe polled 14,760 against Kabanda’s 14,693 votes.Miriam Nalubega polled 3,381 votes