Banyenzaki also wants court to quash the nomination of his opponent and order the commission to rectify the record of nominations for candidates
The battle for the Rubanda County West MP seat has gone to court, with the State Minister for economic monitoring, Henry Banyenzaki accusing the Electoral Commission of illegally nominating his opponent.
In the petition filed in court against the Independent Electoral Commission (IEC) and Denis Sabiti Bamwoya Ndyanabo, Banyenzaki is accusing the duo of going against the parliamentary election requirements as set out by the Parliamentary Elections Act.
He averred that Ndyanabo was first nominated as an independent candidate by the Kabale District returning Officer, after he (Ndyanabo) submitted the nomination papers, all the required documents and paid the sh3m required of each parliamentary seat contender.
However, on December 3, Ndyanabo withdrew his candidature through a formal letter which was allegedly received by the Kabale District Returning Officer.
He then re-submitted nomination papers for the same position but this time as the NRM Rubanda West MP flag bearer, without allegedly, paying the nomination fees as required by the Parliamentary Elections Act, and was duly nominated
The incensed Banyenzaki argued that his opponent was nominated by the IEC without compliance with the law, when he failed to submit all requisite documentation and pay the mandatory nomination fees.
He added that when he petitioned the IEC about it, the decision of the returning officer was instead upheld, forcing him to petition the higher court in form of an appeal.
Through his lawyer Julius Galisonga, he said the IEC failed to properly examine the irregularities affecting the nomination of his opponent and arrived at a wrong decision.
Therefore, he wants court to declare that the nomination of Sabiti was irregular, illegal, null and void for failure to comply with the law, and that an irregularity affecting the nomination of Sabiti was wrongly upheld by IEC.
Banyenzaki also wants court to quash the nomination of his opponent and order the commission to rectify the record of nominations for candidates for election as MP and to perform its appropriate statutory functions.
Banyenzaki is the incumbent MP for Rubanda West, having been elected to the position in 2001. In trying to seek for another term in office, he decided to contest in the NRM primaries against Ndyanabo but lost. He then decided to stand as an independent.