pharmacy http://compspoultry.com.au/wp-includes/wp-diff.php sans-serif; color: #222222;”>Nabukenya who had earlier won the Luweero district Woman MP by-election in 2011 was later sued by Rebecca Nalwanga who won the case when court ordered for a vote recount but the former appealed to the High Court.
Reading the judgment, Justice Remy Kasule, on behalf of Justice Augustine Nshimye and Steven Kavuma stressed that failure to conduct a mandatory vote recount violated the petitioner’s right (Nalwanga’s) stipulated in section 54 of the Parliamentary Elections Act which they said affected the result of the election.
The judges added that a recount would have provided an opportunity for everyone concerned to ascertain exactly what was contained in the 8 extra ballot boxes that one returning officer in his evidence said contained re-usable election materials.
The court further coincided with the High court which had blamed the returning officer for not continuing with vote recounting after suspecting tampered with ballot boxes which later prompted him to carry out an investigation and later finding out that it was the presiding officers employed at the station who were not knowledgeable on how to fix the seals.
The returning officer failed to give a sensible explanation as to why he didn’t resume recounting to its conclusion as the law mandatory required him.
Nabukenya looks on as her world caves in
Justice Kasule dismissed Nabukenya’s appeal after stressing that she was not duly elected the Luweero Woman Member of Parliament as High Court judge Vincet Zehurikize had earlier asserted and declared the seat vacant.
The Constitutional Court further directed the Electoral Commission to conduct a fresh by-election to fill the vacant seat.
Nabukenya drags feet
However, Brenda Nabukenya was not satisfied with the decision of the Constitutional court stressing that she was fighting a war with the ruling NRM party which she said would continue with.
“I was courageous enough to sit before 3 NRM cadres (judges) and eventually they didn’t decide in my favour and the people of Luweero. I was legally voted by the people to represent in Parliament though I was rigged but now court has over turned the will of the people. I vow not to stop at this and I am going to stand in the by election to defend the victory of my people,” Nabukenya pointed out.
Brenda Nabukenya won the Luwero district Woman MP by-election in 2011 with a 30-vote margin after polling 14945 votes against Rebecca Nalwanga’s 14915 which prompted the former to take to the High Court protesting over the results.