Sebalu to go to High Court over recount law

Apr 14, 2006

Nakawa Court Chief Magistrate has allowed Ssitenda-Ssebalu, the outgoing Kyaddondo East MP, to seek the High Court interpretation of the law on recounting of votes.

By Hillary Nsambu

Nakawa Court Chief Magistrate has allowed Ssitenda-Ssebalu, the outgoing Kyaddondo East MP, to seek the High Court interpretation of the law on recounting of votes.

However, Deogratius Nzeyimana dismissed Ssebalu’s application to appeal to the High Court against his earlier ruling on March 3, in which he rejected his application for a recount of votes.

Ssebalu, who lost to city lawyer Sam Kalega Njuba, cited forgery, falsification of results and other electoral offences.

He said it was his constitutional right to appeal against the ruling.
Sebalu said the ruling rejecting his request for a recount had occasioned a miscarriage of justice.

However, Nzeyimana said, “An appeal is a creature of statute. The Parliamentary Elections Act of 2005 exists against an order for a recount.”

He agreed with Caleb Alaka, Njuba’s lawyer, that Parliament was aware that the order of the Chief Magistrate was not appealable but that Section 63(5) of the Constitution gave the High Court powers to order a recount.

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