Three judges of the Court of Appeal have upheld the decision of Mbale High Court judge Andrew Bashaija, who dismissed with costs the election petition filed by Yusuf Mutembuli — one of the contestants — challenging the Election of Moses Musamba Nagwomu as Bunyole East MP.
In their ruling read by the Deputy Registrar Deo Nzeyimana, the three judges Kenneth Kakuru, Egonda Ntende and Elizabeth Musoke agreed to dismiss this appeal having found no susbatnce in the appellant’s claims.
In his appeal, Mutembuli had faulted the Mbale High court judge for wrongly striking off record 86 affidavits of his supporters without proper reasons which affected his case; that the judge failed to evaluate evidence on record thus coming to a wrong conclusion, and that he based his judgment on speculations.
The three justices however, found that evidence which the appellant based on was hearsay from his constituents which was never corroborated.
Mutembuli was also faulted for failure to produce in court polling station results which were tampered with as well as their impact to the election results.
He also failed to back up his claims that Musamba used his cousin’s O level Transcript, especially after the latter told court that he had added his father’s name.
“Court cannot nullify elections basing on the way somebody’s names were organized because that doesn’t make him to look a different person,” they ruled.
Addressing the press after the ruling, Musamba applauded the Judiciary for its independence and vowed to work with all other people for the development of Bunyore East.
“Politics has ended; we should now forgive each other for whatever has happened and join hands in ensuring proper service delivery in the constituency.” added Musamba