Court Rejects City Vote Recount

By Hillary Kiirya THE High Court yesterday rejected an application for a vote recount in Kampala Central Division LC3 elections.Principal Judge Herbert Ntabgoba said the returning officer, James Ssegane, acted illegally when he conducted a recount and his decision was quashed.The seat was won by Charles Sserunjogi Musoke.Ssegane ordered for a vote recount on January 12 after the runner-up, Bbosa Kiyingi, asked for it. Ntabgoba also ordered for a permanent injunction restraining the returning officer from conducting a recount and costs of the suit to be paid by the Electoral Commission, Kiyingi and the Returning officer.“I was asked by counsel for Bbosa Kiyingi to order that each party meets their own costs because according to him, the law is not clear and that is why his clients were confused. but with due respect the law is very clear and I have no alternative but to order them to pay for the costs in equal proportion,” he said.Sserunjogi’s lawyer Elias Lukwago had asked the court to nullify Ssegane’s order for a recount.Lukwago said Ssegane had no power to order a recount, saying this was the prerogative of the chief magistrate. He said the Parliamentary Elections Act did not apply in this case. Ntabgoba said the role of the returning officer ended immediately he handed over the results to the Electoral Commission after declaring Serunjogi winner.Serunjogi obtained 10,906 votes against Bbosa’s 10,903.Ntabgoba said Bbosa-Kiyingi should have petitioned the High Court which is the only one with power to review the declaration. He said if they wished the court to use its discretion not to order them to pay costs they should not have contested the application by filing affidavits.Ends