By Kerry Howard Mwesigwa
The time is fast approaching for a significant legal showdown at the Court of Appeal in Kampala. On May 29th, the court will review the outcome of an election petition that confirmed Fred Kayondo as the rightful Member of Parliament for Mukono South County. This development follows the appeal filed by Wilson Male, the former candidate of the National Unity Platform (NUP) for the same constituency, who challenged the judgment rendered by Justice Collins Accellam at Mukono High Court.
Male’s appeal seeks to challenge the victory of Fred Kayondo, alleging that the parliamentary election for Mukono South County was marred by violations of electoral laws and errors in the trial court’s findings. The issues at stake are profound, including allegations of voter bribery, ballot stuffing, and non-compliance with electoral regulations. Male strongly contends that these irregularities significantly impacted the outcome of the election, and as such, demands a fresh election be ordered.
The crux of Male’s appeal rests on nullifying the victory of the declared winner and proclaiming himself as the rightful winner or, alternatively, ordering the Electoral Commission (EC) to conduct a fresh round of elections to ensure justice prevails.
In the previous parliamentary elections held in 2021, Kayondo, a member of the Democratic Party (DP), emerged as the victor with an impressive tally of 26,512 votes, while Male, the petitioner, garnered 4,831 votes.
Male raises serious allegations against Kayondo, asserting that his nomination papers were invalid and that he resorted to voter bribery by offering gifts. Furthermore, Male contends that Kayondo utilized the colors, symbols, and slogans associated with the National Unity Platform (NUP), despite his nomination as a DP candidate.
Adding fuel to the fire, Male accuses the Electoral Commission (EC) of failing to control the activities of the armed forces and police, which he believes had a detrimental impact on his electoral fortunes. Male further alleges that the EC delivered an insufficient number of ballot papers to three crucial polling stations in Kibazo, Ntanzi, and Ntove.
All parties involved have agreed on five pivotal issues that demand the court’s attention. These issues, outlined in a joint scheduling memorandum, encompass the competence of the petition, the validity of Kayondo’s nomination and election, the adherence of the Electoral Commission to constitutional and legal requirements, the entitlement to sought-after remedies, and the burden and standard of proof.
However, in delivering his judgment, Justice Accellam concluded that Male had failed to meet the legal requirements to challenge the validity of Kayondo’s nomination. The judge emphasized that Male had ample opportunity to inspect Kayondo’s nomination papers before or shortly after the nomination day but chose to raise his objections only after Kayondo’s victory. Consequently, the court confirmed Kayondo as the duly elected Member of Parliament for Mukono South County.
The judgment underscored the responsibility of the Electoral Commission (EC) in investigating complaints arising during the electoral process, including disputes related to nominations. The court highlighted that the EC possesses the authority to issue orders aimed at resolving such disputes, as stipulated in the electoral framework.
Justice Accellam further addressed Male’s claim regarding the use of symbols and slogans associated with the NUP on Kayondo’s campaign posters. The judge ruled that Male had failed to provide compelling evidence to establish that these symbols were registered and exclusively reserved for use by the NUP. Furthermore, the judge emphasized that even if irregularities were present, there was insufficient evidence to suggest that Kayondo had been credited with illegitimate votes or that the exclusion of such votes would have altered the election outcome. Consequently, the judge dismissed Male’s claims for the requested.
