High Court Judge Justice Isabirye Kawesa has nullified the Kyadondo South Parliamentary Elections where Apollo Kantinti was declared a winner, page http://coachesacrosscontinents.org/wp-content/plugins/contact-form-7/includes/submission.php and ordered the Electoral Commission to organize fresh
An electoral petition was filed in this court by one of the contestants Sitenda Sebalu(NRM) challenging the act of Wakiso District’s presiding officer Sarah Bukirwa and the Electoral Commission declaring Apollo Katinti (FDC) winner, there in spite of the irregularities that marred the election exercise.
Sebalu pointed out in his application among others, drug that results from seven polling stations were not declared, and that there was erroneous tallying in some areas like Kabubu polling station which affected his chance of winning the elections.
In his Friday ruling, Justice Isabirye pointed out that the returning officer Sarah Bukirwa went against the Parliamentary Elections Act when she failed to address the issue of disappearance of Declaration Results forms from seven polling stations, even when she was the supervisor of all returning officers at these stations.
The judge noted a scenario where one Kato Sempebwa, a returning officer admitted in court that on the polling day he signed D.R Forms before tallying of results.
Isabirye added that the erroneous tallying at Kasasa Polling station where 58 votes were declared as 02 was unacceptable.
The Wakiso district returning officer Sarah Bukirwa was also faulted for aiding returning officers to break the election guidelines when she issued out sheets of paper to them to replace the D.R forms which were missing and later admitted in her affidavit that the results from some polling stations went missing.
“Why did the retuning officer ignore complaints from some places? it cannot be ruled out that there was no plan to cheat with this change of results.”
Justice Isabirye further blamed the Electoral commission for failing to conduct a recount even when Sitenda applied for it.
The judge excused Katinti from paying costs since the irregularities were not his mistake and put them on the Electoral Commission and Wakiso District Returning officer Sarah Bukirwa.
After the judgment the two rivals Sitenda and Katinti shook hands before the former was joined by waiting supporters in celebration.
While addressing them, Sitenda vowed to trounce anyone that stands for the Kydaondo South parliamentary seat
Katinti on the other hand, told reporters that he would appeal against this judgment which he described as unfair since he was not responsible for the said irregularities.
“It’s unfair for the learned judge to nullify my victory on the errors of the Electoral Commission which am not part of, the judge has decided this case basing on hearsay evidence.”