Kibuuka Nullifies Mbarara Recount

By Grace Matsiko and Jossy Muhangi A High Court judge, Justice Musoke Kibuuka, yesterday nullified Chief Magistrate Cissy Mudhasi's order for a recount of ballots in Mbarara Municipality. Kibuuka said the magistrate's court lacked jurisdiction and the purpose of the recount could not be achieved since some of the ballots boxes presented before the court were tampered with. He said the applicant, Ngoma Ngime, "slept on his rights" and woke up too late "from the deep slumber" to challenge the results. Ngime, the area Resident District Commissioner, filed an application on July 2, seeking the Chief Magistrate's court order to have a recount of votes cast in the June 26 parliamentary elections in which Winnie Byanyima was declared winner. The court granted his application, but on the second day of the recount, Byanyima appealed to the High Court which halted the exercise. Kibuuka read the ruling before a fully packed courtroom. Byanyima, her lawyer, Ngaruye Ruhindi, her father, Boniface Byanyima attended the session and hugged each other after the ruling. Ngime, who refused to submit to the jurisdiction of a court under Kibuuka, was absent but was represented by his lawyer, Kiryowa Kiwanuka. Kiwanuka told the court he was instructed by Ngime to appeal to the Court of Appeal against the July 6 interim order by Kibuuka which stopped the recount. The judge immediately granted them leave to appeal. There was jubilation outside the court by a crowd which had waited for the ruling. A procession of Byanyima's supporters went through the town chanting victory songs. At one point, they became rowdy and smashed the windscreens of a car belonging to former LC5 chairman, Justin Sabiti. "The order made by the Chief Magistrate's Court requiring recount in Mbarara Municipality is hereby set aside. Any recount that was made in pursuance to that order is declared null and void," Kibuuka said. He ordered that all the ballots boxes that were taken to the magistrate's court be returned to the Returning Officer for safe custody and that Ngime should meet costs of the suit in the high and magistrate's courts. Kibuuka said, "To pretend to conduct a recount where some of the ballots boxes were opened is mere false pretence, abuse of court and tantamount to second-guessing." He said court records showed that out of 66 ballots boxes, 21 had lost their seals. "By purporting to exercise the power of ordering a recount after gazetting of the results, the winning candidate declared and having sworn in and taken her seat, the Chief Magistrate assumed the role of determining the validity of an election," Kibuuka added. He hailed the Electoral Commission and Returning Officer Hezzy Kafureka for efficiently performing their duties in a "fast-flowing electoral process." "All along the respondent (Ngime) appears to have been sleeping on his rights. The process left him enjoying his deep slumber. "It appears he woke up on the 6th night to file the application...by the time the chief magistrate ordered a recount, she had no jurisdiction over the matter after they were completely exhausted," he said. He said of Ngime's storming out of court, "during all the years I have been a judge on the bench, I have never witnessed so much disrespect, exhibited by the Respondent (Ngime). It was highly contemptuous to this honourable Court." Byanyima's lawyers said they will demand not less than sh80m in costs from Ngime. Ends