Lukwago, Kasibante grilled on Rubaga recount

Mar 03, 2011

KAMPALA MP Erias Lukwago and the contestant for the Rubaga MP seat, Moses Kasibante, were yesterday cross-examined in court over challenging the Rubaga North parliamentary vote recount that saw NRM flag-bearer Singh Katongole emerge victor.

By ANDANTE OKANYA

KAMPALA MP Erias Lukwago and the contestant for the Rubaga MP seat, Moses Kasibante, were yesterday cross-examined in court over challenging the Rubaga North parliamentary vote recount that saw NRM flag-bearer Singh Katongole emerge victor.

The duo was at the High Court in Kampala for the hearing of the revision application filed by Kasibante, who emerged second after the recount.

The application seeks to overturn the recount exercise carried out on February 28 as ordered by Chief Magistrate, Phillip Odoki.

After the recount, the Electoral Commission (EC) returning officer for Kampala, Molly Mutazindwa, declared Katongole winner with 24,802 votes against Kasibante’s 22,850 votes.

Initially, the EC on February 19 declared Kasibante winner with 24,054 votes, while Katongole came second with 18,595 votes.

The electoral body on Tuesday officially confirmed Katongole as the constituency’s MP-elect.

Appearing before Justice Vincent Zehurikize, Katongole’s lawyers grilled the duo basing on the contents of their sworn affidavits in support of the application.

Katongole was represented by James Akampumuza, Asa Mugenyi and Mugabi Kangye, while Kasibante was represented by Medard Ssegona, Chrisestom Katumba and Abdullah Kiwanuka.

Mugenyi asked Lukwago to substantiate claims that the recount was illegal.Lukwago told court that he complained and questioned the authenticity of a number of ballot boxes that were “not securely sealed”.
He said Mutazindwa, EC lawyer Eric Sabiiti and Katongole oversaw the recount.

Lukwago said on Monday when Ssegona arrived at Mengo Court with an order from the High Court halting the recount, he raised an objection before Odoki. He added that Odoki overruled his objection and ordered that the exercise proceeds.

Lukwago told the court that he was nearly assaulted by Katongole when he tried to serve the High Court order to the officials conducting the recount.

Asked whether he was aware that the EC went ahead and declared the results after the vote recount, Lukwago said more illegalities were committed since the Mengo Court did not officially certify the recount.

“I am not aware that results were declared. There is no certificate of recount. Whatever was done was illegal. Even the magistrate was not there to oversee the exercise,” Lukwago stated.

Asked by Ssegona to state what exactly the revision application seeks, Lukwago said they want court to revise the February 25 order that was made without giving Kasibante a chance to defend himself.

Kasibante was cross-examined by Akampumuza, who asked whether the initial tallying from 134 out of the 141 polling stations sealed his victory.

He replied in the affirmative, saying these were the final results which EC confirmed. Asked whether the electoral body had officially named him the MP-elect, Kasibante said he was not aware.

The judge adjourned the hearing to March 9 for further submissions by both sides.

On Tuesday, the judiciary released a statement distancing itself from the recount, saying as the custodian of justice, it cannot condone or be privy to any illegality.

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