Appellate Court confirms Mbaghadi Kagoma MP

By Andante  Okanya  

The Court of Appeal  has overturned the decision of the High Court  in Jinja and confirmed Fredrick Nkayi Mbagadhi as the elected MP for Kagoma County, Jinja district

The ruling was delivered on Friday by the court’s registrar Erias Kisawuzi at the court in Kampala on behalf of a three-judge panel

The trio comprised of Deputy Chief Justice Alice Mpagi-Bahigeine, Remmy Kasule, and Augustine Nshimye.

They overturned the decision of Justice Eldad Mwangushya who heard Dr. Frank Nabwiso’s election petition.

Nabwiso claimed last year’s February 18 poll was riddled with miscomputation of results. He also complained of intimidation of his supporters and voter bribery.

But in the ruling, the panel of judges unanimously dismissed Nabwiso’s claims that miscomputation of votes cast marginalized voters. They stated that Nabwiso’s agents validated the results by appending their signatures on the forms.

 “The fact that the agents of the respondent [Nabwiso] signed the declaration of result forms means the election process was fault-free,” the judges stated.

The judges further noted that failure of the presiding officer to sign the declaration of result forms cannot be used as a claim that voters were disenfranchised, as claimed by Nabwiso.

They further stated that the area voters had made their choice, and that court could not say otherwise.

Nabwiso was present during the delivery of the ruling, together with his lawyer Joseph Kyazze.

However, Mbagadhi was absent.

But his supporters jubilated and congratulated his lawyer Kiwanuka Kiryowa for the victory. A crestfallen Nabwiso walked away with his lawyer.

In the 2011 February 18 polls, Mbagadhi polled 11,948 votes while Nabwiso was second with 11,469 votes. Eight other candidates too part.