Kampala, Uganda| The Court of Appeal has dismissed an election appeal filed by Lydia Wanyoto, challenging the victory of Connie Nakayenze Galiwango as the Woman Member of Parliament representing Mbale District, for failing to serve the record of appeal within the stipulated time.
In a judgment delivered on Monday by the Court of Appeal Justices comprised of the Elizabeth Musoka, Christopher Madrama , and Eva K.Luswata , Wanyoto and her counsel conceded that both her memorandum and record of appeal were filed out time.
‘’We have rejected her application to validate both proceedings or to allow an extension for them to filed out of time. In essence there is no valid appeal before this court. Accordingly election petition appeal No,63 of 2021 is struck off the record with no order as to costs ‘’,reads the judgment.
It should be remembered that earlier Justice Andrew Baishaija in his judgment at Mbale High court dismissed Wanyoto’s petition on grounds that she had failed to show evidence that he won the highly contested polls.
Wanyoto ran to the high court after suffering resonant defeat to Nakayenze. She garnered 25,276 votes against 40,729 votes polled by the winner. Wanyoto rejected the poll results accusing Nakayenze of electoral malpractices including among others intimidating presiding officers and tampering with the result declaration forms.
She asked the court to nullify Nakayenze’s victory and order the Electoral Commission to organize fresh Mbale Woman City polls. She also sought the costs of the suit.
Wanyoto argued that the principles and the provisions of the law relating to the conduct of credible elections were never followed as numerous election malpractices and irregularities were committed by Nakayenze and EC, which affected the poll results.
In his ruling Justice Andrew Baishaija expunged several affidavits filed by Wanyoto, saying they were not backed with any evidence that could lead to the annulment of the elections.
He ruled that Nakayenze dully won the election, arguing that the court couldn’t interfere with her victory without any justification rooted in the law.
Geoffrey Napa, one of Nakayenze’s lawyers, said that the petitioner’s intention was to replay on unsubstantiated evidence, which couldn’t stand the test of time.
Nakayenze welcomed the court verdict, saying that her victory belongs to God who was there to fight for her adding that she had forgiven Wanyoto for all the allegations leveled against her, saying it is time to serve her voters.
The Mbale woman city polls attracted six contenders. The others are Luwungule Shadia, an independent, Robina Nadunga from the National Unity Platform- NUP party, Nambuya Mayimuna from the Forum for Democratic Change and Racheal Nansubuga Kakungulu, an independent.